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.
12.4
Waiver, release and renunciation
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:
(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
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT
Exhibit I
(E)
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY
AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICES
DELIVERED UNDER THE AGREEMENT, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY
OTHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY
REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS SOFTWARE
LICENSE SHALL REMAIN IN FULL FORCE AND EFFECT.
FOR THE PURPOSES OF THIS ARTICLE 12, "THE LICENSOR" SHALL BE UNDERSTOOD TO
INCLUDE THE LICENSOR AND THE SUB-LICENSOR AND, ANY OF THEIR SUPPLIERS AND
SUBCONTRACTORS, THEIR AFFILIATES AND ANY OF THEIR RESPECTIVE INSURERS.
Other than its confidentiality obligations, the Licensor shall have no liability
for data that is entered into the Airbus Software by the Licensee and/or used
for computation purposes.
13
LIMITATION OF LIABILITY
[***]
14
EXCUSABLE DELAYS
14.1
The Licensor shall not be responsible nor be deemed to be in default on account
of delays in delivery of any Airbus Software or Update due to causes reasonably
beyond the Licensor's or its subcontractors' control including but not limited
to: natural disasters, fires, floods, explosions or earthquakes, epidemics or
quarantine restrictions, serious accidents, total or constructive total loss,
any act of the government of the country of the Licensee or the governments of
the countries of Licensor or its subcontractors, war, insurrections or riots,
failure of transportation, communications or services, strikes or labor troubles
causing cessation, slow down or interruption of services, inability after due
and timely diligence to procure materials, accessories, equipment or parts,
failure of a subcontractor or supplier to furnish materials, accessories,