(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action
for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement
against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction,
modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have
been properly granted prior to termination shall survive any termination of this License. Provisions which, by their
nature, should remain in effect beyond the termination of this License shall survive, including but not limited to
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of
any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will
be without prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software
and technical data rights in the Covered Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR
252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or
Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only
those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any
other form of legal association between or among You, Apple or any Contributor, and You will not represent to the
contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have
others develop for it, market and/or distrib ute te chn olo gy o r p ro duc ts t ha t p erf orm the same or similar functions as, or
otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce,
market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be
deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to
effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and
effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically
complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it
that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License
shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect
to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California,
except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm
that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le
présent contrat et tous les documents connexes soient rédigés en anglais.
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