ELECTRONIC ARTS

END USER LICENSE AGREEMENT

YOU MAY NOT INSTALL OR USE THIS SOFTWARE UNLESS YOU HAVE CAREFULLY READ THE
TERMS AND CONDITIONS SET FORTH BELOW:
This End User License Agreement ( “Agreement”) is an agreement between you and Electronic
Arts Inc., and its subsidiaries, affiliates and licensors (collectively, "EA"). This Agreement
governs your use of this software and all of its component parts, updates, additions and related
documentation (“Software”).
BY INSTALLING OR USING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT INSTALL OR
USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS
AGREEMENT SHALL BE DEEMED FULLY ACCEPTED BY YOU.
1. License; Terms of Use.

(a) Grant. EA hereby grants you a personal, non-exclusive license to install and use the
Software for your personal, noncommercial use solely as set forth in this Agreement and the
accompanying documentation ("License"). The term of your license shall commence on the
date that you start to download, install or otherwise use the Software, and shall end on the
earlier of: (i) the date that you dispose of the Software; (ii) the date that all applicable
intellectual property rights (including, without limitation, copyright) in the Software expires; or
(iii) EA's termination of this license.
(b) Trial Periods. If the Software was provided to you at no charge, then the
Software may be used only for the time period specified by EA at the time of product delivery
(“Trial Period”), unless you purchase a further license to the Software at the end of the Trial
Period.
(c) Copies. You may download the number of copies allowed by the Software's
digital rights management from an authorized source. However, you may use only one copy of
the Software at any given time. The number of copies that you can download during a
consecutive period of days may be limited. For more information concerning the digital rights
management that applies to this Software, please review the purchase or other terms
accompanying the distribution of the Software.
(d) Pre-Release. If EA allows you to make an authorized download of Software
before its official release date, then you may be given the right to download an encrypted file
containing a portion of the Software. You will have the right to download the remaining
portion of the Software and receive the right to install and use it on or after the Software's
release date. Any attempt to circumvent or interfere with this process may result in
termination of this License.
2. Reservation of Rights; Restrictions. The Software is licensed and not sold. Except as
expressly licensed to you in this Agreement, EA retains all right, title and interest in the
Software (including all characters, storyline, images, photographs, animations, video, music,
text), and all associated copyrights, trademarks, and other intellectual property rights therein.
EA reserves all rights not expressly granted in this Agreement. Except as expressly provided in
this Agreement, you shall not, and shall not allow any third party to: (a) decompile,
disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source
code or underlying algorithms of the Software by any means whatsoever, to the maximum
extent such restriction is allowable under applicable law; (b) alter, modify, enhance, or create
a derivative work of the Software, (c) remove, alter, or obscure any product identification,
copyright, or other intellectual property notices embedded within the Software, (d) subject to
section 3 below, resell, relicense, sublicense, lease, or lend the Software, or otherwise grant
rights in the Software to any third party, (e) use the Software for timesharing, hosting or
service bureau purposes, or (f) make any commercial use of the Software.

3. Transfer. You may transfer all your rights to install and use the Software to another
individual or legal entity provided that: (a) you also transfer: (i) this Agreement; (ii) the
Software including all copies, upgrades, updates and prior versions; (b) you retain no copies of
the Software, upgrades, updates or prior versions; and (c) the receiving party accepts the terms
and conditions of this Agreement and any other terms and conditions under which you
purchased a valid license to the Software. Prior to a transfer, EA may require that you and the
receiving party confirm in writing your compliance with this Agreement and/or register as end-
users of the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-
RELEASE COPIES OF THE SOFTWARE. YOU MAY NOT RENT OR LEASE YOUR RIGHTS IN THE
SOFTWARE OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED EXCEPT AS MAY BE
EXPRESSLY PERMITTED IN THIS AGREEMENT.

4. Limited Warranty. If the Software is provided to you on physical media, EA warrants to

the original purchaser of the Software that the recording media on which the Software is
recorded (the “Recording Medium”) will be free from defects in materials and workmanship
for ninety (90) days from the date of purchase of the license for the applicable Software. This
warranty is in addition to, and does not affect your statutory rights in any way. if the
Recording Medium is found to be defective within 90 days from the date of purchase, EA will
replace the Recording Medium free of charge upon receipt of the Recording Medium at its
service center, postage paid, with proof of purchase. This warranty is limited to the Recording
Medium containing the Software that was originally provided by EA. This warranty shall not be
applicable and shall be void if, in the judgment of EA, the defect has arisen through abuse,
mistreatment or neglect. For more information concerning this limited warranty, please visit
<http://warrantyinfo.ea.com>. If the defect in the Recording Medium resulted from abuse,
mistreatment or neglect, or if the Recording Medium is found to be defective after 90 days
from the date of purchase of the Software license, please visit <http://warrantyinfo.ea.com>
to receive EA’s replacement instructions. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

5. Disclaimers. EXCEPT FOR THE LIMITED WARRANTY SET OUT IN SECTION 4 AND TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS
PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE,
AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EA NOR ITS
DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS
OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THIS AGREEMENT OR THE
SOFTWARE LICENSED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE),
CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EA’S AGGREGATE LIABILITY UNDER
THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENSE
(b) You acknowledge and agree that the provisions in this Agreement that limit
liability, disclaim warranties, AND exclude consequential damages or other damages or
remedies are essential terms of this Agreement that are fundamental to the parties’
understanding regarding allocation of risk. Accordingly, such provisions shall be severable and
independent of any other provisions and shall be enforced as such, regardless of any breach or
other occurrence hereunder, AND even under circumstances that cause any exclusive remedy
under this Agreement to fail of its essential purpose.
(c) Notwithstanding the foregoing, nothing contained in this Agreement limits EA’s
liability to you for fraudulent misrepresentations, death or personal injury caused by EA’s
negligence, or any other liability to the extent such liability cannot be excluded or limited as a
matter of applicable law.
(d) If you are a legal resident of Germany or Austria, this sub-section applies to
you. To the extent that EA’s liability cannot be excluded or limited as a matter of applicable
law, nothing contained in this License limits EA’s liability to you for: (i) losses caused by EA’s
intentional acts or gross negligence; (ii) negligent acts giving rise to personal injuries or
impairment of health; (iii) negligent breaches of material contractual obligations; and/or (iv)
violation of the German Product Liability Act.
7. Legal Proceedings. EA shall have the right, but not the obligation, to defend or settle at its
option any actions or proceeding arising from a claim that your permitted use of the Software
infringes or misappropriates any patent, copyright or other ownership right of a third party.
You agree to provide EA with written notice of any such claim within ten (10) business days of
your first knowledge thereof and to provide reasonable assistance in the defense of such claim.
EA shall have sole discretion and control over the defense or settlement of such claim. In the
event of such a claim, or if EA believes that such a claim is likely, EA may: (i) procure for you
the right to continue using the Software; (ii) modify the Software so that it becomes non-
infringing; or (iii) terminate this Agreement. You agree to comply with any court judgment or
other conditions imposed on you or EA (whether by court order, agreement or otherwise),
whether or not such judgment or conditions contradict the conditions of this Agreement
including, without limitation, ceasing use of the Software.

8. Data Collection. When you use the Software, EA may collect, use, store and transmit
the following information: (i) information that identifies your computer (including, without
limitation, your Internet Protocol Address) to enable you to play the Software over a network or
the Internet; and (ii) data capturing how the Software is used. EA will not use such data to
personally identify you. Such data will be used to analyze how the Software is used, and to
improve EA’s products and services. EA and its affiliates may also collect, use, store, transmit
and publicly display statistical data (including, without limitation, your scores, rankings and
achievements) generated when you use the Software over a network or the Internet. All such
data shall be collected, used, stored and transmitted in accordance with EA’s Privacy Policy
located at www.ea.com <http://www.ea.com>. If you do not want EA to collect, use, store,
transmit or display the data described in this section, please do not install or use the Software.

9. Termination. EA may terminate this Agreement immediately if you fail to comply with any
terms and conditions of this Agreement. Promptly upon termination, all license rights granted
under this Agreement will terminate and you must cease all use of the Software and destroy all
copies of the Software in your possession or control. EA’s termination will not limit any of EA’s
other rights or remedies under this Agreement or at law or in equity. Sections 2-10 of this
Agreement shall survive termination or expiration of this Agreement for any reason.

10. General Terms.

(a) Severability and Survival. If any provision of this Agreement 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 shall
continue in full force and effect.
(b) 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 Agreement 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), such Software is “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 Agreement
and shall be prohibited except to the extent expressly permitted by this Agreement.
(c) Injunctive Relief. You agree that a breach of this Agreement adversely affecting
EA’s proprietary rights in the Software may cause irreparable injury to EA for which monetary
damages would not be an adequate remedy and EA shall be entitled to seek equitable relief in
addition to any remedies it may have hereunder or at law.
(d) Governing Law. This Agreement shall be governed by and construed (without
regard to conflicts or choice of law principles) under the laws of: (i) England if a license to the
Software is purchased when you reside in a Member State of the European Union; and (ii) the
State of California if a license to the Software is purchased when you reside in any other
jurisdiction. Unless expressly waived by EA in writing for the particular instance or contrary to
local law, the sole and exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the California state and federal courts having within their jurisdiction
the location of EA’s principal place of business. Both parties consent to the jurisdiction of such
courts and agree that process may be served in the manner provided herein for giving of notices
or otherwise as allowed by California or federal law. The parties agree that the UN Convention
on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this
Agreement nor to any dispute or transaction arising out of this Agreement.
(e) 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.
(f) Entire Agreement. This Agreement constitutes the entire agreement between
you and EA with respect to the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification of this
Agreement will be binding unless made in writing and signed by EA. No failure to exercise, and
no delay in exercising, on the part of either party, 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 Agreement and any applicable purchase terms, the terms of this Agreement shall
govern.