Delta Airlines 2014 Annual Report Download - page 281

Exhibit I
without the prior written consent of the ACS Sublicensor, except to the lessee in case of lease of an Aircraft or to
the buyer in case of resale of the Aircraft, without prejudice to any provisions set forth in the Agreement. In so far
as it is necessary to disclose aspects of the ACS Supplier Software to the ACS Sublicensee’
s employees, such
disclosure is permitted solely for the purpose for which the ACS Supplier Software is supplied and only to those
employees who need to know the same, save as permitted herein or where otherwise required pursuant to an
enforceable court order or any governmental decision or regulatory provision imposed on the ACS Sublicensee,
provided that reasonable prior notice of the intended disclosure is provided to the ACS Sublicensor.
The obligations of the ACS Sublicensee to maintain confidentiality shall survive the termination of this ACS
Software Sublicense for a period of ten (10) years.
ACS Supplier Software shall be deemed accepted as part of the Technical Acceptance Process set out in Clause 8
of the Agreement.
The ACS Sublicensee hereby accepts the transfer to its benefit of all transferable and enforceable warranties
related to the corresponding ACS Supplier Software and contained in the applicable Airbus Contracted Suppliers
Support Agreements.
As a result, the ACS Sublicensee acknowledges that the transferable and enforceable warranties, obligations and
liabilities contained in the Airbus Contracted Suppliers support Agreements shall constitute the sole and exclusive
remedy available in the event of any defect or non-conformity of the ACS Supplier Software.
Neither the ACS Supplier nor the ACS Sublicensor or the Sub-
Licensor shall have any liability for data that is
entered into the ACS Supplier Software by the ACS Sublicensee and/or used for computation purposes.
The ACS Supplier Software is supplied under the express condition that neither the ACS Supplier nor the ACS
Sublicensor shall have any liability in contract or in tort arising from or in connection with the use and/or possession
by the ACS Sublicensee of the ACS Supplier Software and that the ACS Sublicensee shall indemnify and hold the
ACS Sublicensor and the ACS Supplier harmless from and against any liabilities and claims from third parties
arising from such use and/or possession.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
11.
ACCEPTANCE
12.
WARRANTY
13.
LIABILITY AND INDEMNITY
14.
EXCUSABLE DELAYS
14.1 None of the ACS Sublicensor, the Sub-
Sublicensor or the ACS Supplier(s) shall be responsible nor be deemed to
be in default on account of delays in delivery of any ACS