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.
The Licensee will be responsible for the cost and expense of any correction
services provided by the Licensor as a result of any of the foregoing
exclusions. Such correction services will 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 SET FORTH IN THIS
ARTICLE 12 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 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
(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 WILL REMAIN IN FULL FORCE AND EFFECT.
FOR THE PURPOSES OF THIS ARTICLE 12, "THE LICENSOR" WILL BE UNDERSTOOD TO
INCLUDE THE LICENSOR, ANY OF ITS SUPPLIERS AND SUBCONTRACTORS, ITS AFFILIATES
AND ANY OF THEIR RESPECTIVE INSURERS.
A330-900neo Purchase Agreement - CLC-CT1405166
Page 131/140
EXHIBIT I
The Licensor will have no liability for data that is entered into the Airbus
Software by the Licensee and/or used for computation purposes.
13
LIABILITY AND
INDEMNITY
The Airbus Software is supplied under the express condition that the Licensor
will have no liability in contract or in tort arising from or in connection with
the use and/or possession by the Licensee of the Airbus Software and that the
Licensee will indemnify and hold the Licensor harmless from and against any
liabilities and claims from third parties arising from such use and/or
possession.
14
EXCUSABLE DELAYS
14.1
The Licensor will 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'