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Seems to me Apple would be the one to initiate an action
It would be incumbent upon them to demonstrate that you violated a EULA that could quickly be determined unreasonable. Yes, you'd have to put up a defense. But do you really think Apple is going to go down that road when even they know they likely won't win? The clause is so unreasonable, I'm not sure the risk is that great. But it's still enough to make me want to avoid it completely. The product is not that good that I can't consider alternatives that don't have the risk.