Common use of Updated Hotel Data Clause in Contracts

Updated Hotel Data. WORLDSPAN agrees, on at least a monthly basis until September 30, 1999, to continue to provide and license to MICROSOFT, subject to Section 4.3 of the Agreement, updated pricing information and data regarding hotel and other lodging services. WORLDSPAN shall not be obligated to provide any such pricing information and data supplied by third parties where WORLDSPAN’s agreement with such third party prohibits providing such data to MICROSOFT or for which WORLDSPAN is required to pay a fee and the provision of such pricing information and data is subject to the disclaimer of warranty set forth in Section 28 of the Agreement. Additionally, pursuant to the Section 4.3 of the Agreement, MICROSOFT has updated certain information and data regarding hotel and other lodging services received from WORLDSPAN as of the Effective Date of this Amendment (“Updated Hotel Data”). MICROSOFT hereby grants to WORLDSPAN a perpetual, nonexclusive, royalty-free worldwide license and right to: (i) develop, market, sell, make, use, reproduce, modify, adapt, create derivative works based on, translate, distribute (directly and indirectly), transmit, display and perform publicly, license, rent, lease, and sell such Updated Hotel Data on printed, electronic or other fixed media, and to sublicense any or all of the foregoing rights, including the right to sublicense such rights to third parties; and (ii) create, develop, market, distribute, transmit, license, sub-license and sell such Updated Hotel Data. WORLDSPAN, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT NEITHER MICROSOFT, ITS AFFILIATES, NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE UPDATED HOTEL DATA. WORLDSPAN FURTHER [**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. ACKNOWLEDGES AND AGREES THAT MICROSOFT, ITS AFFILIATES, AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE UPDATED HOTEL DATA. To the extent that MICROSOFT, in its sole discretion, updates or modifies the Updated Hotel Data from the Effective Date until September 30, 1999, MICROSOFT agrees to provide such updates or modifications to the Updated Hotel Data to WORLDSPAN without cost. MICROSOFT shall not be obligated to provide any Updated Hotel Data supplied by third parties where MICROSOFT’s agreement with such third party prohibits providing such data to WORLDSPAN or for which MICROSOFT is required to pay a fee.

Updated Hotel Data. WORLDSPAN agrees, on at least a monthly basis until September 30, 1999, to continue to provide and license to MICROSOFT, subject to Section 4.3 of the Agreement, updated pricing information and data regarding hotel and other lodging services. WORLDSPAN shall not be obligated to provide any such pricing information and data supplied by third parties where WORLDSPAN’s agreement with such third party prohibits providing such data to MICROSOFT or for which WORLDSPAN is required to pay a fee and the provision of such pricing information and data is subject to the disclaimer of warranty set forth in Section 28 of the Agreement. Additionally, pursuant to the Section 4.3 of the Agreement, MICROSOFT has updated certain information and data regarding hotel and other lodging services received from WORLDSPAN as of the Effective Date of this Amendment (“Updated Hotel Data”). MICROSOFT hereby grants to WORLDSPAN a perpetual, nonexclusive, royalty-free worldwide license and right to: (i) develop, market, sell, make, use, reproduce, modify, adapt, create derivative works based on, translate, distribute (directly and indirectly), transmit, display and perform publicly, license, rent, lease, and sell such Updated Hotel Data on printed, electronic or other fixed media, and to sublicense any or all of the foregoing rights, including the right to sublicense such rights to third parties; and (ii) create, develop, market, distribute, transmit, license, sub-license and sell such Updated Hotel Data. WORLDSPAN, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT NEITHER MICROSOFT, ITS AFFILIATES, NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE UPDATED HOTEL DATA. WORLDSPAN FURTHER [**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. ACKNOWLEDGES AND AGREES THAT MICROSOFT, ITS AFFILIATES, AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE UPDATED HOTEL DATA. To the extent that MICROSOFT, in its sole discretion, updates or modifies the Updated Hotel Data from the Effective Date until September 30, 1999, MICROSOFT agrees to provide such updates or modifications to the Updated Hotel Data to WORLDSPAN without cost. MICROSOFT shall not be obligated to provide any Updated Hotel Data supplied by third parties where MICROSOFT’s agreement with such third party prohibits providing such data to WORLDSPAN or for which MICROSOFT is required to pay a fee.

Updated Hotel Data. WORLDSPAN agrees, on at least a monthly basis ------------------ until September 30, 1999, to continue to provide and license to MICROSOFT, subject to Section 4.3 of the Agreement, updated pricing information and data regarding hotel and other lodging services. WORLDSPAN shall not be obligated to provide any such pricing information and data supplied by third parties where WORLDSPAN’s 's agreement with such third party prohibits providing such data to MICROSOFT or for which WORLDSPAN is required to pay a fee and the provision of such pricing information and data is subject to the disclaimer of warranty set forth in Section 28 of the Agreement. Additionally, pursuant to the Section 4.3 of the Agreement, MICROSOFT has updated certain information and data regarding hotel and other lodging services received from WORLDSPAN as of the Effective Date of this Amendment (“"Updated Hotel Data”"). MICROSOFT hereby grants to WORLDSPAN a perpetual, nonexclusive, royalty-free worldwide license and right to: (i) develop, market, sell, make, use, reproduce, modify, adapt, create derivative works based on, translate, distribute (directly and indirectly), transmit, display and perform publicly, license, rent, lease, and sell such Updated Hotel Data on printed, electronic or other fixed media, and to sublicense any or all of the foregoing rights, including the right to sublicense such rights to third parties; and (ii) create, develop, market, distribute, transmit, license, sub-license and sell such Updated Hotel Data. WORLDSPAN, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT NEITHER MICROSOFT, ITS AFFILIATES, NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE UPDATED HOTEL DATA. WORLDSPAN FURTHER [**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. ACKNOWLEDGES AND AGREES THAT MICROSOFT, ITS AFFILIATES, AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE UPDATED HOTEL DATA. To the extent that MICROSOFT, in its sole discretion, updates or modifies the Updated Hotel Data from the Effective Date until September 30, 1999, MICROSOFT agrees to provide such updates or modifications to the Updated Hotel Data to WORLDSPAN without cost. MICROSOFT shall not be obligated to provide any Updated Hotel Data supplied by third parties where MICROSOFT’s 's agreement with such third party prohibits providing such data to WORLDSPAN or for which MICROSOFT is required to pay a fee.

Updated Hotel Data. WORLDSPAN agrees, on at least a monthly basis until September 30, 1999, to continue to provide and license to MICROSOFT, subject to Section 4.3 of the Agreement, updated pricing information and data regarding hotel and other lodging services. WORLDSPAN shall not be obligated to provide any such pricing information and data supplied by third parties where WORLDSPAN’s 's agreement with such third party prohibits providing such data to MICROSOFT or for which WORLDSPAN is required to pay a fee and the provision of such pricing information and data is subject to the disclaimer of warranty set forth in Section 28 of the Agreement. Additionally, pursuant to the Section 4.3 of the Agreement, MICROSOFT has updated certain information and data regarding hotel and other lodging services received from WORLDSPAN as of the Effective Date of this Amendment (“"Updated Hotel Data”"). MICROSOFT hereby grants to WORLDSPAN a perpetual, nonexclusive, royalty-free worldwide license and right to: (i) develop, market, sell, make, use, reproduce, modify, adapt, create derivative works based on, translate, distribute (directly and indirectly), transmit, display and perform publicly, license, rent, lease, and sell such Updated Hotel Data on printed, electronic or other fixed media, and to sublicense any or all of the foregoing rights, including the right to sublicense such rights to third parties; and (ii) create, develop, market, distribute, transmit, license, sub-license and sell such Updated Hotel Data. WORLDSPAN, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT NEITHER MICROSOFT, ITS AFFILIATES, NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE UPDATED HOTEL DATA. WORLDSPAN FURTHER [**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. ACKNOWLEDGES AND AGREES THAT MICROSOFT, ITS AFFILIATES, AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE UPDATED HOTEL DATA. To the extent that MICROSOFT, in its sole discretion, updates or modifies the Updated Hotel Data from the Effective Date until September 30, 1999, MICROSOFT agrees to provide such updates or modifications to the Updated Hotel Data to WORLDSPAN without cost. MICROSOFT shall not be obligated to provide any Updated Hotel Data supplied by third parties where MICROSOFT’s 's agreement with such third party prohibits providing such data to WORLDSPAN or for which MICROSOFT is required to pay a fee.