Delta Airlines 2014 Annual Report Download - page 269

Exhibit I
by applicable law, any defence based on sovereign or other immunity or that the suit, action or proceeding which is
referred to in clause (i) above is brought in an inconvenient forum, that the venue of such suit, action or proceeding
is improper, or that this Software License or the subject matter hereof or any of the transactions contemplated
hereby may not be enforced in or by these courts.
PART 2
END-USER SUBLICENSE AGREEMENT FOR SUPPLIER SOFTWARE
For the purposes of this end-user sublicense agreement for Supplier Software (the “ Software Sublicense ”)
the
following definitions shall apply:
“ Agreement ”
means the Purchase Agreement of even date herewith covering the purchase and sale of the
Aircraft subject thereof.
“ Aircraft ” means, individually or collectively, the Aircraft subject of the Agreement.
“ Composite Work ”
means the package composed of various elements, such as database(s), software or data,
and which necessitates the use of the Supplier Software.
“ Permitted Purpose ”
means use of the Supplier Software by the Sublicensee for its own internal business needs,
solely in conjunction with the Aircraft and in particular pertaining to (i) operation of the Aircraft; (ii) on ground
operational support of the Aircraft; or (iii) related authorized customization of software.
“ Sublicensee ” means the Buyer under the Agreement.
“ Sublicensor ”
means the Seller under the Agreement as authorized by the Supplier to sublicense the Supplier
Software to the operators of Airbus aircraft.
“ Sub-Sublicensor ” means Airbus Americas Customer Services, Inc.
“ Supplier ” means each of the Sublicensor’
s suppliers owning the intellectual property rights in the corresponding
Supplier Software (or holding the right to authorize the Sublicensor to sublicense such Supplier Software) and
having granted to the Sublicensor the right to sublicense such Supplier Software.
“ Supplier Product Support Agreement ” shall have the meaning set forth in Clause 17.1.2 of the Agreement.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
16.4
[***]
16.5
[***]
1
DEFINITIONS