Delta Airlines 2014 Annual Report Download - page 266

Exhibit I
Should the Software Product be found not to conform to its current Documentation, the Licensee shall notify the
Sublicensor promptly but no later than two (2) months after delivery or availability of the Software Product or the
Update that caused the nonconformity, as applicable. The sole and exclusive liability of the Licensor, as the
consequence of such non-
conformity, shall be to take reasonable, proper and prompt steps to correct and/or
replace the Software Product at its own expense.
The Licensee shall be responsible for the cost and expense of any correction services provided by the Licensor to
the extent resulting from any of the foregoing exclusions. Such correction services shall be subject to the then
applicable commercial conditions.
THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE LICENSOR (AS DEFINED BELOW FOR THE
PURPOSES OF THIS CLAUSE) AND REMEDIES OF THE LICENSEE THAT ARE SET FORTH IN THIS
SOFTWARE LICENSE OR ANY REFERENCED AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR,
AND THE LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES,
OBLIGATIONS AND LIABILITIES OF THE LICENSOR AND RIGHTS, CLAIMS AND REMEDIES OF THE
LICENSEE AGAINST THE LICENSOR, EXPRESS OR IMPLIED, ARISING BY LAW, CONTRACT OR
OTHERWISE WITH RESPECT TO ANY NON-
CONFORMITY OR DEFECT OF ANY KIND IN ANY AIRBUS
SOFTWARE AND AIRBUS SOFTWARE-
RELATED SERVICES DELIVERED UNDER THE AGREEMENT
AND/OR THIS SOFTWARE LICENSE, INCLUDING BUT NOT LIMITED TO:
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.3
The Licensor and the Sublicensor shall be relieved of any obligations under Articles 12.1 and 12.2 to the extent of:
(i) Airbus Software defects or non-
conformities caused by alterations or modifications to the Airbus Software
carried out without the prior approval of the Licensor;
(ii) Airbus Software defects or non-
conformities caused by negligence of the Licensee or other causes [***];
(iii)
Failure of the Licensee to install any Update in accordance with Article 8 hereof;
(iv) Airbus Software defects or non-
conformities caused by errors in or modifications of or updates to operating
systems, databases or other software or hardware with which the Airbus Software interfaces, where such
elements have not been provided by the Licensor [***].
12.4
Waiver, release and renunciation
(A)
ANY WARRANTY AGAINST HIDDEN DEFECTS;
(B)
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS;
(C)
ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR
USAGE OF TRADE;
(D)
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER IN CONTRACT OR IN TORT
AND WHETHER OR NOT ARISING FROM THE LICENSOR’
S NEGLIGENCE, ACTUAL OR IMPUTED;
AND