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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."
Manufacturer's Warranty
53
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