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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.
13.1 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.
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