62Modifications"), and such Apple Modifications will not beautomatically subject to this License. Apple may, at its solediscretion, choose to license such Apple Modifications under thisLicense, or on different terms from those contained in thisLicense or may choose not to license them at all.12.Termination.12.1Termination. This License and the rights granted hereunderwill terminate:(a)automatically without notice from Apple if You fail to complywith any term(s) of this License and fail to cure such breachwithin 30 days of becoming aware of such breach;(b)immediately in the event of the circumstances described inSection 13.5(b); or(c)automatically without notice from Apple if You, at any timeduring the term of this License, commence an action for patentinfringement against Apple; provided that Apple did not firstcommence an action for patent infringement against You in thatinstance.12.2Effect of Termination. Upon termination, You agree toimmediately stop any further use, reproduction, modification,sublicensing and distribution of the Covered Code. Allsublicenses to the Covered Code which have been properlygranted prior to termination shall survive any termination of thisLicense. Provisions which, by their nature, should remain ineffect beyond the termination of this License shall survive,including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and13. No party will be liable to any other for compensation,indemnity or damages of any sort solely as a result of terminatingthis License in accordance with its terms, and termination of thisLicense will be without prejudice to any other right or remedy ofany party.13. Miscellaneous.13.1Government End Users. The Covered Code is a"commercial item" as defined in FAR 2.101. Governmentsoftware and technical data rights in the Covered Code includeonly those rights customarily provided to the public as defined inthis License. This customary commercial license in technicaldata and software is provided in accordance with FAR 12.211(Technical Data) and 12.212 (Computer Software) and, forDepartment of Defense purchases, DFAR 252.227-7015(Technical Data -- Commercial Items) and 227.7202-3 (Rights inCommercial Computer Software or Computer SoftwareDocumentation). Accordingly, all U.S. Government End Usersacquire Covered Code with only those rights set forth herein.13.2Relationship of Parties. This License will not be construedas creating an agency, partnership, joint venture or any otherform of legal association between or among You, Apple or any