(c) automatically without notice from Apple if You, at any time during the term of this License, commence anaction for patent infringement against Apple; provided that Apple did not first commence an action for patentinfringement 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 havebeen properly granted prior to termination shall survive any termination of this License. Provisions which, bytheir nature, should remain in effect beyond the termination of this License shall survive, including but not limitedto Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity ordamages of any sort solely as a result of terminating this License in accordance with its terms, and termination ofthis 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. Governmentsoftware and technical data rights in the Covered Code include only those rights customarily provided to thepublic as defined in this License. This customary commercial license in technical data and software is provided inaccordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defensepurchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in CommercialComputer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquireCovered 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 orany other form of legal association between or among You, Apple or any Contributor, and You will not representto 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, haveothers develop for it, market and/or distribute technology or products that perform the same or similar functionsas, 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 notbe deemed a waiver of future enforcement of that or any other provision. Any law or regulation which providesthat 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, orportion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extentpermissible so as to effect the economic benefits and intent of the parties, and the remainder of this License willcontinue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts Youfrom fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of thoseSections, this License will immediately terminate and You must immediately discontinue any use of the CoveredCode 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 Licenseshall take place in the Northern District of California, and You and Apple hereby consent to the personaljurisdiction of, and venue in, the state and federal courts within that District with respect to this License. Theapplication of the United Nations Convention on Contracts for the International Sale of Goods is expresslyexcluded.13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties withrespect to the subject matter hereof. This License shall be governed by the laws of the United States and the Stateof California, except that body of California law concerning conflicts of law.Where You are located in the province of Quebec, Canada, the following clause applies: The parties herebyconfirm that they have requested that this License and all related documents be drafted in English.SC-F9300 Series User's GuideSoftware License Terms144