This Marketing Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Further, and notwithstanding anything to the contrary in this Marketing Agreement including but not limited to Section 8 , all claims, demands, complaints and disputes will be subject to the Contract Disputes Act 41 U. §§601-613 , the Tucker Act 28 U. Apple has no obligation to provide any type of support for the Applications. Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government of the United States, then this Marketing Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. If a court of competent jurisdiction finds any clause of this Marketing Agreement to be unenforceable for any reason, that clause of this Marketing Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Marketing Agreement shall continue in full force and effect.
. This Marketing Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If You as an entity entering into this Marketing Agreement are a U. This Marketing Agreement shall terminate automatically upon Your breach of any of the terms of this Marketing Agreement. This Marketing Agreement is valid and coterminous with the Program Agreement, unless otherwise terminated per the provisions below. Except as expressed in writing herein, nothing in this document shall be construed to modify the Program Agreement in any way. You must agree to download.
§ 1346 a and § 1491 , or the Federal Tort Claims Act 28 U. Your use of the Artwork shall exclusively inure to the benefit of Apple. The terms of this Marketing Agreement are the entire and final understanding between You and Apple concerning the Artwork. §§ 1346 b , 2401-2402, 2671-2672, 2674-2680 , as applicable, or other applicable governing authority. Apple shall remain the exclusive owner of all rights in the Artwork.
App Store Marketing Artwork License Agreement Whereas, Apple Inc. If Apple terminates this Marketing Agreement, You may, except in the event that the Artwork is subject of a claim of infringement, deplete existing inventory for a period of 30 days following the notice of termination, provided such inventory is in compliance with the terms of this Marketing Agreement. Any litigation or other dispute resolution between You and Apple arising out of or relating to this Marketing Agreement will take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. . . . .
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