Even if Delta doesn't win this is going to lead to more and more customers wanting to negotiate terms when they buy software like this to either get money back if the vendor causes them problems or hold the vendor liable.

Seems ridiculous but big customers seem to be able to negotiate this stuff. One place I worked Verizon Wireless was a customer and they were able to negotiate money back over bugs taking too long to fix and/or outages caused by the software. That was a long time ago.