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(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail
to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(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 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
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