Software License Terms 190
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.
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.