Delta Airlines 2014 Annual Report Download - page 270

Exhibit I
“ Supplier Software ” means each of the Supplier’
s proprietary products including Composite Work, configurations,
processes, rules (together with any related documentation) as well as any modifications, enhancements or
extensions thereto, as may be provided by the Supplier or the Sublicensor from time to time and the supply of
which to the Sublicensee is governed by a Supplier Product Support Agreement. The Supplier Software shall be
supplied in machine-
readable code form only, for use in connection with the Aircraft or operations related to the
Aircraft. For the avoidance of doubt, this Software Sublicense does not apply to (i) any software embedded in any
component, furnishing or equipment installed on the Aircraft and itself bearing a partnumber (ii) third party software
not provided under a Supplier Product Support Agreement, including but not limited to any standard, “off the shelf”
software (Components Off The Shelf/COTS) and (iii) open source software contained in the Supplier Software, if
any, and it is hereby acknowledged and agreed by both parties hereto that such open source software is
independently distributed on an “as is”
basis under the respective license terms therefor, and that the Sublicensor
and Sub-Sublicensor disclaims any liability in relation to such open source software.
“ Update(s) ”
means any update(s) or replacement(s) to the Supplier Software licensed hereunder, which the
Sublicensor or the Supplier, at their discretion, make generally available to the Sublicensee.
“ User Guide ”
means the documentation, which may be in electronic format, designed to assist the Sublicensee in
using the Supplier Software.
Capitalized terms used herein and not otherwise defined in this Software Sublicense shall have the meaning
assigned thereto in the Agreement.
In consideration of the purchase by the Sublicensee of the Aircraft, the Sublicensee is hereby granted a [***]. Each
Supplier shall remain the owner of all intellectual property rights in the Supplier Software. There shall be one
Software Sublicense granted in respect of each Aircraft purchased by the Sublicensee.
The Sublicensee hereby acknowledges that it is aware that certain Supplier Software subject of this Software
Sublicense may incorporate some third party software or open source software components. The Sublicensee
hereby agrees to be bound by the licensing terms and conditions applicable to such third party software and made
available by the Sublicensor and/or Sub-Sublicensor through AirbusWorld.
The Sublicensee may, at any time, assign or otherwise transfer all or part of its rights under this Software
Sublicense only as part of, and to the extent of, a sale, transfer or lease of any or all of the Aircraft to which the
Supplier Software are related provided that the Sublicensee causes the assignee to agree to the terms of this
Software Sublicense.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
2
LICENSE
3
ASSIGNMENT AND DELEGATION
3.1 Assignment