118付録11. Ownership. Subject to the licenses granted under this Licen se, each Contributor retains all rights,title and interest in and to any Modifications made by such Con tributor. Apple retains all rights, title andinterest in and to the Original Code and any Modifications made by or on behalf of Apple ("AppleModifications"), and such Apple M odifications will not be autom atically subject to this License. Applemay, at its sole discretion, choose to license such Apple Modif ications under this License, or ondifferent terms from those contai ned in this License or may cho ose 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 compl y with any term(s) of this Licenseand fail to cure such breach wit hin 30 days of becoming aware o f such breach;(b)immediately in the event of the circumstances described in S ection 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; provi ded that Apple did not firstcommence an action for patent infringement against You in that instance.12.2 Effect of Termination. Upon termination, You agree to immed iately stop any further use,reproduction, modification, sublicensing and distribution of th e Covered Code. All sublicenses to theCovered Code which have been properly granted prior to terminat ion shall survive any termination of thisLicense. Provisions which, by their nature, should remain in ef fect beyond the termination of this Licenseshall survive, including but not limited to Sections 3, 5, 8, 9 , 10, 11, 12.2 and 13. No party will be liableto any other for compensation, indemnity or damages of any sort solely as a result of terminating thisLicense in accordance with its terms, and termination of this L icense will be without prejudice to anyother right or remedy of any party.13. Miscellaneous.13.1 Government End Users. The Covered Code is a "commercial ite m" as defined in FAR 2.101.Government software and technical data rights in the Covered Co de include only those rightscustomarily provided to the public as defined in this License. This customary com mercial license intechnical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212(Computer Software) and, for Department of Defense purchases, D FAR 252.227-7015 (Technical Data-- Commercial Items) and 227.7202- 3 (Rights in Commercial Compu ter Software or Computer SoftwareDocumentation). Accor dingly, all U.S. Gove rnment End Users acqu ire Covered Code with only thoserights set forth herein.13.2 Relationship of Parties. Th is 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, andYou will not represent to the contrary, whether expressly, by i mplication, appearance or otherwise.13.3 Independent Development. Nothing in this License will impai r Apple's right to acquire, license,develop, have others develop for it, market and/or distribute t echnology or products that perform thesame or similar functions as, or otherwise compete with, Modifi cations, Larger Works, technology orproducts that You may develop, produce, market or distribute.