If you are in the US, it doesn't necessarily matter whether the terms would hold up in court. The question comes down to how deep your pockets are and how much money you are willing to spend to fight Apple. Apple certainly has deep pockets. There aren't a lot of companies that can take the financial hit to fight against a behemoth in court.
There's a limit to the power of deep pockets in court, especially if the remedy is not $billions. Many civil cases spend more time on damages than they do the actual dispute at hand.
