62
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.
12.1Termination. 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.
12.2Effect 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.
13.1Government 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.
13.2Relationship 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
