Software License Terms
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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 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.
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