NEC ViVid Office 2020 Quick Reference Manual page 173

Table of Contents

Advertisement

11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any
Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications
made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be 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 com-
pensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termina-
tion 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 techni-
cal data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This cus-
tomary 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, Modifi-
cations, 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 bene-
fits 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 enforceabil-
ity 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 fed-
eral 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 sub-
ject 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.
Appendix-19

Hide quick links:

Advertisement

Table of Contents
loading

Table of Contents