ELECTRONIC ARTS
ONLINE GAME SOFTWARE
END USER ACCESS AND LICENSE
AGREEMENT
This Online Game End User Access and License Agreement (“EUALA”) is an agreement between
you and Electronic Arts Inc. ("EA"
or “We” or “us”) in
relation to EA’s online game titled Need for SpeedTM
World Online (the “Game”).
BY
CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT ALL TERMS AND
CONDITIONS SET OUT IN THIS EUALA. BY CLICKING ON THE "I DECLINE"
BUTTON, YOU REJECT EA’S OFFER, IN WHICH CASE, YOU MAY NEITHER INSTALL NOR USE
THE SOFTWARE (AS DEFINED BELOW). UNLESS SPECIFIED OTHERWISE IN A WRITTEN RETURN
POLICY, NO REFUND WILL BE GIVEN BY EA FOR THE SOFTWARE IN PARTICULAR WHERE NO
MONIES HAVE BEEN PAID TO EA.
NOTE THAT THIS SOFTWARE INCLUDES PUNKBUSTER
ANTI-CHEAT TECHNOLOGY THAT WILL MONITOR YOUR MACHINE AND OTHERWISE COLLECT DATA
FOR PURPOSES OF CHEAT PREVENTION. FOR
MORE INFORMATION ON PUBKBUSTER, INCLUDING UNINSTALLATION INSTRUCTIONS, SEE
SECTION 3 OF THIS EUALA.
IF YOU DO INSTALL THE SOFTWARE, EACH TIME YOU
USE THE SOFTWARE (INCLUDING AS IT MAY BE UPDATED, UPGRADED OR EXPANDED FROM
TIME TO TIME IN EA’S SOLE DISCRETION, YOU WILL BE DEEMED TO HAVE ACCEPTED THE
TERMS OF THIS EUALA (INCLUDING ANY AMENDMENTS OR UPDATES THAT MAY HAVE BEEN MADE
FROM TIME TO TIME).
1. Application of this EUALA and Access to
Software
This EUALA governs your use of EA’s Game software, any updates, upgrades
and expansions that replace or supplement EA’s Game software, and all related
documentation which are not distributed with a separate license (collectively,
the "Software").
This EUALA does not give you any right to obtain
reissues or replacements of the Software at any time; furthermore, EA or any third
party service provider that may operate the Game (an “Operator”) is not obliged to supply
Software updates, upgrades or expansions, or even to operate or continue
support the Game or Software, for an indefinite period. EA
and/or Operators may terminate and cease supporting the Game with sixty days’
notice posted at www.ea.com. In the event that EA supplies
any Software updates, upgrades or other modifications to the Software, you
agree that you may be required to install or patch the Software in the manner
decided by EA in its sole discretion so as to continue Game play.
To gain access to the Software, you must (a)
have acquired the Software (whether on DVD-ROM, CD-ROM or other physical media
or by online download) by legal means, (b) have installed the Software on your
computer and (c) have accepted this EUALA.
The Game is only playable online, and Internet access (not supplied by
EA) is required at all times to play. The Software alone does not give you the
right to play the Game. You must use
the Software to access EA or EA-authorized servers on which the Game is hosted,
to play the Game. You are responsible for all taxes and costs of
acquiring any hardware, software or other products or services required to play
the Game. To play the Game,
you may need to enter into additional agreements with EA or with an Operator, pay
additional fees, and/or agree to additional terms including terms of service, a
privacy policy and/or a code of conduct.
You will also need to agree to the Punkbuster end user license
agreement. You may need to pay
additional fees or purchase credits/points and/or SpeedBoost and provide
additional information to create an account with EA and/or an Operator (an “Account”). Accounts may only be
available to persons of legal age and, solely under the supervision of such
persons, to any of their children under the age of majority. If you are a
minor, your parents, guardians or legal carers must complete the registration
procedure, whereby they must take all responsibility concerning the obligations
set forth in this EUALA.
This
EUALA may be modified by EA at any time. You can view the EUALA at any time by visiting the
applicable Internet site for the Game. We may notify you of modifications a) before you play
the Game and/or b) via a specific notice on the applicable Internet site for
the Game. All modifications will take effect thirty (30) days after their
announcement. In any event, you agree to check the Website and review this EUALA
periodically to familiarise
yourself with any modifications
that may occur. If you do not agree with
any future modifications to this EUALA, or are unable to continue to remain in
compliance with the same, you must cease your use of the Software and of the
Game. You may terminate this EUALA in accordance with Section 5. Your continued use of the Software and play
of the Game after a modification of the EUALA will be deemed as your acceptance
of any modified terms.
2. License Grant and Terms of
Use.
You acknowledge that the
Software and the Game are owned by EA and that they are protected by laws
governing copyright, trademark, intellectual property
rights and all other property rights.
Under the terms of this
EUALA, and for purposes of your playing the Game, EA grants you a
personal, non-exclusive license to install and use the Software and play the
Game for your personal use solely as set forth in this EUALA and the
accompanying documentation. Your acquired
rights are subject to your compliance with this EUALA. Any commercial use is expressly prohibited.
The term of this EUALA and your license to use the
Software and Game thereunder shall commence on the date that you install or
otherwise use the Software, and shall terminate as set forth in Section 5.
Unless
expressly permitted by EA in writing or as required by applicable law, you are expressly prohibited from
reproducing, sub-licensing,
broadcasting, modifying, adapting, renting, lending, leasing, distributing or
otherwise making publicly available the Software or rights to use the Software
(including in particular the rental of the Software through Internet Game Rooms
or cyber-cafes), except by transfer as expressly set forth in paragraph 2.C below.
Unless
expressly permitted by EA in writing, the reproduction of all or part of any
hard-copy packaging or documentation included with the Software recording media,
if any, is prohibited.
B.
Reservation of Rights and Restrictions.
This
Software is licensed, and not sold. You
have obtained a license to the Software and your rights are subject to this
Agreement. Except as expressly licensed
to you herein, EA reserves all right, title and interest in the Software and
the Game which you use the Software to play (including all characters,
storyline, images, photographs, animations, video, music, text and in-game
virtual property), and all associated copyrights, trademarks, and other
intellectual property rights therein.
The license granted under this EUALA is limited to the intellectual
property rights of EA and its licensors in the Software, as necessary to use
the Software and play the Game as permitted under this EUALA, and does not
include any rights to other patents or intellectual property. This EUALA does not grant any rights relating to any
brands or services connected with the Software or Game.
Except
to the extent permitted under applicable law, you may not decompile,
disassemble, or reverse engineer the Software by any means whatsoever. You may not extract code from all or part of the Software, or authorise any third
party to perform or to attempt to perform such operations on the Software. You may not remove, alter,
or obscure any product identification, copyright, or other intellectual property
notices in the Software.
It
is strictly prohibited to use the Software to connect with or play the Game or
any facsimile thereof on any servers that are not authorized by EA or any
Operator (“grey shards” or the like). In
addition, you may not emulate or operate such servers or assist any third party
to do so.
It
is also strictly prohibited to use any third-party software or any other device
with a view to modifying the Software in any way, intercepting or scanning Game
traffic or communications, changing the way the Game plays or playing in an
abnormal manner or in a way that could impair the correct operation of the
Game. Such prohibited third party software or devices can include, but are not
limited to, those in the nature of “addons”, “hacks”, “cheats”, “trainers”,
“mods”, or the like by any name. The
authorisations granted to you in accordance with this EUALA may under no
circumstances be used for the purpose of creating or supplying any opportunity
for third parties to access the Game, including through server emulators or
similar devices. To the fullest extent permitted by applicable law, you agree
that EA or an Operator may scan your computer’s memory or hard disk drive to
detect or locate any such unauthorized third party program or devices, with or
without any prior notice to you at any time.
Furthermore, you may not use the Software in a manner that would impose
an unreasonable or disproportionate burden on the infrastructure of EA or any
Operator.
C. No Rights Over Results Of Use Of Software Or
Over In-Game Content
This
EUALA grants you a simple license to use the Software to play the Game. You
have no rights to or in the Game or its content.
You
expressly acknowledge that all characters created and all virtual objects or attributes
acquired and developed during Game play, if any, are an integral part of the
Game and strictly remain the property of EA.
You further acknowledge that the Software contains, without limitation,
the following: (i) graphics, sound effects, music, visual animations and text
(hereafter referred to as "Content")
to which you have no property rights and no intellectual property rights, and
(ii) other Content, including contributions by you or other users of the Game.
Where by applicable law you own certain copyrights
over any Content created by you by using the Software and/or the Game, you
grant to EA any and all comprehensive, exclusive,
perpetual, worldwide and assignable rights, free-of-charge, to use all Content
created by you by using the Software and/or the Game immediately upon creation.
These rights to use and/or utilize Content shall extend to all known forms of use and include without
limitation the rights to copy, reproduce, change, adapt, modify, process,
translate the Content, the rights to license and
sub-license the Content to third parties, and to market, whether by way
of leasing, renting, or otherwise.
You
acknowledge and agree that you have, except as may be expressly permitted by
EA, no right to and may not sell, auction, give away, or in any way make
available, whether free of charge or for a fee, any Content (including any
Content generated by yourself or any other user), character/avatar, object,
item or any component of the Software or Game, to another person. All of the aforementioned actions, especially
those performed via online auctions, forums or chat rooms, will therefore
contravene the terms of this EUALA. Over
and above the violation of the terms of this EUALA, which will entitle EA to
terminate this EUALA and your license to use the Software and play the Game,
you acknowledge that the unauthorised trading or other distribution of Game
content is detrimental to EA’s image and that of the Game, and EA reserves the
right to seek compensation from you to the fullest extent permissible by
applicable law.
3. Consent
to Monitor and Usage of Anti-Cheat Technology.
This Software incorporates
Punkbuster Anti-Cheat technology by Even Balance, Inc. DURING
ITS OPERATION, thIS TECHNOLOGY WILL monitor your computer’s random access memory
(RAM) for unauthorized third party programs RUNNING CONCURRENTLY WITH THE
GAME. aN “UNAUTHORIZED THIRD PARTY
PROGRAM” as used herein shall be defined as any third party software, including
without limitation any “addon”, “mod”, “hack”, “trainer”, or “cheat” that in EA’s
sole determination: (i) Enables or facilitates cheating of any type: (ii)
Allows users to modify or hack the game interface, environment, and /or
experience in any way not expressly authorized byEA: or (iii) Intercepts,
“mines”, or otherwise collects information from or through the game. In the
event that the game detects an unauthorized third party program, the game may
(a) Communicate information back to EA, including without limitation your
account name, details about the unauthorized third party program detected, and
the time and date the unauthorized third party program was detected; and /or
(b) EA MAY Exercise any or all of its rights under this agreement, with or
without prior notice to the user.
WHEN
YOU UNINSTALL THE SOFTWARE, PUNKBUSTER WILL REMAIN ON YOUR MACHINE. To uninstall
Punkbuster, you may run the executable available at http://www.evenbalance.com/downloads/pbsvc/pbsvc.exe
and/or visit the Even Balance website for more details, available at www.evenbalance.com.
This EUALA will terminate
immediately if you attempt to circumvent any Anti-Cheat Technology used by EA
in relation to the Software.
4. Respect for Privacy and Consent to Use of Data/Personal
Information.
By accepting this EUALA, you agree to the following :
A. Collection, Transfer, Storage And Use Of Personally
Identifiable Information.
EA, ITS SUBSIDIARIES AND/OR AFFLIATED COMPANIES AND THIRD PARTIES
(INCLUDING ANY OPERATORS, IF APPLICABLE) WHICH ARE PROVIDING EA AUTHORIZED
SERVICES TO YOU IN CONNECTION WITH THIS SOFTWARE OR YOUR PLAYING OF THE GAME
("RELATED PARTIES"),
MAY COLLECT, USE, STORE AND TRANSMIT PERSONALLY IDENTIFIABLE INFORMATION ABOUT
YOU, INCLUDING BUT NOT LIMITED TO YOUR NAME, AGE, GENDER, EMAIL/POSTAL/INTERNET
PROTOCOL ADDRESS(ES), TELEPHONE NUMBER(S) AND/OR ANY NATIONAL IDENTIFICATION
NUMBER(S). NOTWITHSTANDING ANYTHING IN
ANY OPERATOR TERMS OF SERVICE/PRIVACY POLICY OR ANY OTHER APPLICABLE DOCUMENT,
YOU EXPRESSLY AGREE THAT ANY RELATED PARTY MAY SHARE PERSONALLY IDENTIFIABLE
INFORMATION ABOUT YOU THAT IT COLLECTS IN CONNECTION WITH THIS SOFTWARE OR YOUR
PLAYING OF THE GAME WITH EA, ITS
SUBSIDIARIES AND/OR AFFLIATED COMPANIES.
WHETHER OR NOT YOU RETAIN THE SOFTWARE OR CONTINUE TO PLAY THE GAME, YOU
EXPRESSLY PERMIT EA TO RETAIN AND USE ANY SUCH PERSONALLY IDENTIFIABLE
INFORMATION, INCLUDING FORWARDING
IT TO ITS SUBSIDIARIES AND/OR AFFILIATED COMPANIES. YOU SPECIFICALLY AGREE THAT EA OR ITS SUBSIDIARIES
AND/OR AFFILIATED COMPANIES MAY CONTACT YOU FROM TIME TO TIME USING SUCH DATA.
EA agrees that the use of any information or
data collected, stored or used in relation to the Software and Game by it or
shared with any of its subsidiaries and/or affiliated companies will be stored
and handled in accordance with EA’s privacy policy accessible at the Internet
site for the Game or through privacy.ea.com.
You can find more details at these locations about your choices as to
correction of information, opting-out from communications from EA, and the
circumstances under which we may make disclosures of such information to third
parties including government authorities.
C. Consent to Use Data.
To
facilitate the provision of any updates or upgrades or expansions to the
Software, any dynamically served content, product support and other services to
you, including online play of the Game, and for other purposes set forth in
EA’s Privacy Policy, you agree that EA, its subsidiaries and/or Related Parties
which are providing EA authorized services to you in connection with this
Software, may collect, use, store and transmit technical and related
information regarding your use of the game as well as information that
identifies your computer (including an Internet Protocol address), media, operating
system and application software and peripheral hardware. EA may also collect,
use, store, transmit and publicly display statistical data regarding game play
(including scores, rankings and achievements), or identify content that is
created and shared by you with other players.
EA,
its subsidiaries or affiliated companies and/or Related Parties reserve
the right to monitor and store information that you send or receive using the
Software, including maintaining a copy of that information after your cessation
of the use of the Software or play of the Game.
This information is collected in order to enable EA to better to know
Users and serve them, in particular as regards the provision of services
associated with the Game. Information collected about you through your use of
the Software, may include, but is not limited to name, age, contact details
including email address, system configuration, Game play time,
micro-transactions conducted, and other data that may be collected from time to
time.
You further acknowledge that EA, its
subsidiaries or
affiliated companies and/or any Related Parties have a legitimate concern
with monitoring your use of the Software in playing the Game. You acknowledge that you have no guarantee of
privacy with regard to your communications and information within the Game or
in relation to any ancillary services accessed through the use of the Software
(including but not limited to chat rooms or similar functions). EA, its subsidiaries
or affiliated companies and/or any Related
Parties may also collect,
use, store, transmit and publicly display statistical data about you regarding
game play (including scores, rankings and achievements), or identify content
that is created and shared by you with other players.
All data is collected,
used, stored and transmitted in accordance with this agreement and EA’s Privacy
Policy located at http://privacy.ea.com. For more details about the information that
EA collects and how EA uses that information, see the Privacy Policy.
If you are playing the Game through an Account with
an Operator or other Related Party, subject always to this Agreement, also
consult the applicable terms of service and/or privacy policy of that Related
Party for any additional terms.
D. No
Transfer Or Assignment
You may not transfer this Software or the
Account associated with your use of the Game, and/or any entitlements,
achievements, virtual currency and/or characters associated with your
Account.
5. Termination of
the Agreement
This EUALA is effective until terminated.
EA
may terminate this EUALA immediately without prior notice if you fail to comply
or otherwise violate the terms of this EUALA, infringing the intellectual
property rights of any third party, manifestly endangering public order or good
moral standards as determined by us in our sole discretion, or if EA is unable
to verify or authenticate any information about you that you supply during the
Game or any other activity connected to the Software. We may also decide to terminate this EUALA in
the event that we terminate the operation of the Game.
You may terminate this EUALA at any time by destroying all copies of the
Software in your possession or control, and informing EA or any applicable
Operator in writing or by such means as may be implemented for such purposes by
EA or an Operator. Upon termination of this EUALA, any and all of the rights
granted to you hereunder shall automatically terminate.
Promptly upon termination, you must cease all use of the Software and
destroy all copies of the Software in your possession or control. You acknowledge and agree that the
termination of this EUALA or permanent deletion of the Software may render your
Account and any in-game attributes or Content unusable, for which you will not
hold EA in any way responsible.
Termination will not limit any of EA’s other rights or remedies at law
or in equity. Sections 8, 9, 11 to 18 of
this EUALA shall survive termination or expiration of this EUALA for any
reason.
6. Warranties
This Section is to
be read subject to Sections 6 and 7.
A.
No Warranty On Software Operation Or Game play.
You
acknowledge that, owing to the complexity of computer technology, as well as
the nature of online games themselves and their play over a global
communications network outside EA’s control, EA cannot and does not guarantee
that the Software, the Game and any updates, upgrades or expansions Software
will run permanently or uninterrupted on your computer. EA is not liable for delays or difficulties,
especially of a technical nature, that are due to circumstances beyond its
control.
B. Limited
Remedy For Defects
In
the event that there is any defect in the Software or the recording media on
which it is embodied, your sole remedy is a replacement copy of the
Software. You may also have additional rights under applicable local law,
which varies by jurisdiction.
7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS,
WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF
ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY
QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA”
FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM,
ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY
RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE. EA DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE
COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, IN NO EVENT SHALL EA, ITS SUBSIDIARIES OR ITS AFFILIATES BE
LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF
ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE,
WHETHER OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS REQUIRED BY APPLICABLE LAW, EA
SHALL NOT BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS BY AN OPERATOR.
SOME
JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL
INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS,
OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY
NOT APPLY TO YOU.
IN NO EVENT SHALL EA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS
REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE.
9. Indemnity. BY USING THE SOFTWARE, YOU
HEREBY AGREE TO INDEMNIFY AND HOLD EA, ITS EMPLOYEES AND ITS DIRECTORS HARMLESS
AGAINST ANY CLAIM, LIABLITY, LOSS, INJURY DAMAGE, COST OR EXPENSE (INCLUDING
REASONABLE SOLICITORS' FEES) INCURRED BY EA ARISING OUT OF OR FROM YOUR USE OF
THE SOFTWARE OR THE GAME.
10. Material
Terms of this EUALA. You agree that
the provisions in this EUALA that limit liability and require an indemnity are
essential terms of this EUALA. The
foregoing provisions apply even if the above stated remedy under the Limited
Warranty for Recording Media fails in its essential purpose
Miscellaneous
11. Compliance
with law. You must respect all
applicable laws regarding the use of the Software and the Game.
12. Injunctive Relief. You agree
that a breach of this EUALA may cause irreparable injury to EA for which
monetary damages would not be an adequate remedy and EA shall in such event be
entitled to seek equitable relief in addition to any other remedies it may have
hereunder or at law.
13. Governing Law and Dispute Resolution. If
you reside in a Member State of the European Union: (i) the laws of England,
excluding its conflicts-of-law rules, govern this License and your use of the
Software; and (ii) you expressly agree that exclusive jurisdiction for any
claim or action arising out of or relating to this License and/or your use of
the Software shall be the Courts of England, and you expressly consent to the
exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the
State of California, excluding its conflicts-of-law rules, govern this License
and/or your use of the Software; and (ii) you expressly agree that exclusive
jurisdiction for any claim or action arising out of or relating to this License
and/or your use of the Software shall be the federal or state courts that cover
San Mateo County, California, and you expressly consent to the exercise of
personal jurisdiction of such courts.
Please note that your conduct may also be subject to other local, state,
national, and international laws. The
parties agree that the UN Convention on Contracts for the International Sale of
Goods (Vienna, 1980) shall not apply to this License or to any dispute or
transaction arising out of this License.
14. Export. You agree to abide by U.S. and other
applicable export control laws and agree not to transfer the Software to a
foreign national or national destination, which is prohibited by such laws,
without first obtaining, and then complying with, any requisite government
authorization. You certify that you are not a person with whom EA is prohibited
from transacting business under applicable law.
15. Third Party Beneficiaries. Notwithstanding anything in this EUALA to
the contrary, you hereby acknowledge that EA’s licencors, as well as any
applicable Operator, are third-party beneficiaries of this EUALA and have the
right to bring an action directly against you for a breach of this EUALA to the
extent required to enforce their respective rights in and to the Software or
Game.
16. Entire Agreement Except as specifically set forth in this
EUALA, this EUALA constitutes the entire agreement between you and EA with
respect to the Software and supersedes all prior or contemporaneous
understandings, either express or implicit, regarding such
subject matter.
IN PARTICULAR, NOTHING IN THIS
AGREEMENT MAY BE SUPERSEDED OR INVALIDATED BY ANY TERMS OF SERVICE OFFERED TO
YOU BY AN OPERATOR FOR THE PURPOSES OF USING THE SOFTWARE TO PLAY THE GAME.
17. Severability and Survival. If any
provision of this EUALA is illegal or unenforceable under applicable law, the
remainder of the provision shall be amended to achieve as closely as possible
the effect of the original term and all other provisions of this EUALA shall
continue in full force and effect.
18. No Waiver. No failure to
exercise, nor a delay in exercising, any right or any power hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of any other right
hereunder. In the event of a conflict
between this EUALA and any applicable purchase or other terms, the terms of
this EUALA shall govern the relationship between you and EA.
19. U.S. Government Restricted Rights. If you are a government end user, then this
provision applies to you. The Software
provided in connection with this EUALA has been developed entirely at private
expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and
DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation
thereof), and is provided as “commercial items,” “commercial computer software”
and/or “commercial computer software documentation". Consistent with DFARS
section 227.7202 and FAR section 12.212, and to the extent required under U.S.
federal law, the minimum restricted rights as set forth in FAR section
52.227-19 (or any equivalent or subsequent agency regulation thereof), any use,
modification, reproduction, release, performance, display, disclosure or
distribution thereof by or for the U.S. Government shall be governed solely by
this EUALA and shall be prohibited except to the extent expressly permitted by
this EUALA.