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 distribu te tec hn ol ogy o r p ro duct s t ha t perf orm 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.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm
that they have requested that this License and all related documents be drafted in English.
Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple
Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License.
Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the
License for the specific language governing rights and limitations under the License."
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