EX-10.16





 Exhibit 10.16 

Agreement Number: 00699180 

AMENDMENT NO. 12 TO THE 

OEM DISTRIBUTION AND LICENSE AGREEMENT AMONG 

ADOBE SYSTEMS INCORPORATED 

AND ADOBE SYSTEMS SOFTWARE IRELAND LIMITED 

AND ELECTRONICS FOR IMAGING, INC. 
 THIS
AMENDMENT NO. 12 (the “Amendment”) to the OEM Distribution and License Agreement dated September 19, 2005 with Adobe Internal Reference ID#41422 (the “Agreement”), is made by and among ADOBE SYSTEMS
INCORPORATED, a Delaware corporation having its principal place of business at 345 Park Avenue, San Jose, CA 95110-2704 (“Adobe Systems”), ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, a company incorporated in Ireland and
having a place of business at Unit 3100, Lake Drive, Citywest Business Campus, Saggart D24, Dublin, Ireland (“Adobe Ireland”) (both individually in their countries and collectively referred to as “Adobe”) and
ELECTRONICS FOR IMAGING, INC., a company incorporated in Delaware and having a place of business at 6750 Dumbarton Circle, Fremont, CA 94555 (“EFI”), effective as of the date of last signature below. 

WHEREAS, the Initial Term of the Agreement was through September 19, 2010 and thereafter the term was to renew automatically for one year periods; 

WHEREAS, the term of the Agreement was extended to March 31, 2018 with Amendment No. 9 (Adobe Internal Reference ID# 355521); 

WHEREAS, the term extension date made it unclear as to whether the Agreement was to auto-renew; and 

WHEREAS, now the parties agree to add an auto-renew term extension clause back to the Agreement. 

NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Adobe and OEM agree as follows: 

1. Section 12.1 “Term” of the Agreement is hereby deleted in its entirety and replaced with the Section 

12.1 “Term” below. 
 “Term. The term of
this Agreement as extended by Amendment No. 9 is through March 31, 2018. The Agreement may be terminated at any time for cause (as provided for in Section 12.2 below) or by the mutual written consent of the Parties. This Agreement
will renew automatically on April 1, 2018 and each one year anniversary thereafter for additional one year periods, unless either party gives written notice of its intent to terminate at least 180 days prior to an upcoming anniversary date.
Notwithstanding the provisions of this Section 12 (“Term and Termination”), the parties agree that this Agreement may not be terminated pursuant to this Section 12 (“Term and Termination”) or under
any other provision of this Agreement, under any circumstances, without first attempting to resolve the dispute, situation or circumstance giving rise to the possibility of such termination pursuant to Section 15 (“Dispute
Resolution”).” 
 2. All other terms and conditions of the Agreement will remain in full force and effect. Unless otherwise
defined herein, all terms used in this Amendment shall retain the same meanings as defined in the Agreement and such definitions are incorporated herein by reference. This Amendment may be executed in any number of counterparts, each of which shall
be deemed an original, but all of which together shall constitute one instrument. 
 [Signature blocks to follow on next page] 












 Agreement Number: 00699180 

 
 IN WITNESS WHEREOF, the parties have caused this Amendment No. 12 to be
executed by their duly authorized representatives. 
  

					
	Electronics For Imaging, Inc.	  	Adobe Systems Software Ireland Limited	  	Adobe Systems Incorporated
			
	Authorized Signature	  	Authorized Signature	  	Authorized Signature
			
	 /S/    TOBY WEISS
	  	 /S/    MONICA BEGUE
	  	 /S/    ERIC PIZIALI

	Toby Weiss	  	Monica Begue	  	Eric Piziali
	Print Name	  	Print Name	  	Print Name
			
	SVP, EFI	  	Manager Digital Media OM	  	WW Director of Revenue O
	Title	  	Title	  	Title
			
	Jan 31, 2018	  	Feb 1, 2018	  	Feb 1, 2018
	Date	  	Date	  	Date