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automatically subject to this License. Apple may, at its sole
discretion, choose to license such Apple Modifications under
this License, or on different terms from those contained in this
License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted
hereunder will terminate: (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.
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Manufacturer's Warranty
13. Miscellaneous.
13. 1 Government End Users. The Covered Code is a
"commercial item" as defined in FAR 2. 1 01. 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
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