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LICENSED SOFTWARE ADDENDUM #5 TO MASTER
TECHNOLOGY LICENSE AGREEMENT DATED APRIL 1, 1997
This Licensed Software Addendum #5 (hereinafter this “LSA #5”) is entered into as of February 17, 2004
(hereinafter the “Effective Date”) by and between Kyocera Mita Corporation, a Japanese corporation, with
offices at 2-28, 1-chome, Tamatsukuri Chuo-ku, Osaka, 540-8585, Japan (hereinafter referred to as
“KYOCERA MITA”), and Peerless Systems Corporation, a Delaware corporation, with offices at 2381
Rosecrans Ave, Suite 400, El Segundo, CA, 90245 (hereinafter referred to as “PEERLESS”), each sometimes
referred to as a “Party” and jointly as “Parties” to this LSA #5.
This LSA #5 is subject to and incorporates the provisions of the Master Technology License Agreement
(hereinafter referred to as “MTLA”) dated April 1, 1997 entered between PEERLESS and Kyocera
Corporation, and transferred to KYOCERA MITA on April 1, 2002.
1.1 All capitalized terms used herein shall have the meaning specified in this LSA #5 or, if not defined herein, then
the meaning specified in the MTLA. For terms that are defined in this Section 1 and in the MTLA, the definition
provided herein shall govern for all purposes hereof.
1.2 With respect to any hardware, “ Derivative KYOCERA MITA Product ” means a KYOCERA MITA
product incorporating PEERLESS Material and any other components that shall be bundled with and be
contained in a package with the KYOCERA MITA product at the time of KYOCERA MITA’s shipment of that
product to KYOCERA MITA’s customer.
1.3 “ Machine Executable Copy ” includes anything designated as such under the MTLA and, without limiting