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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 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.
13.1 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.
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