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 distribute technology or products that perform 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 exige que le present contrat et
tous les documents connexes soient rediges en anglais.
EXHIBIT A.
„Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public
Source License Version 2.0 (the ‚License‘). You may not use this file except in compliance with the License. Please obtain a copy
of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
The Original Code and all software distributed under the License are distributed on an ‚AS IS‘ basis, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Please see the License for the specific language governing rights and limitations under the License.“
