ELE CT RONIC ARTS SOF T W A RE END U SER LICENSE
A GREEMEN T FOR THE E A DOWNLO AD MANAGER
This End Us er Lic ense A greeme nt (“Li cense” ) is a n agre ement between you a nd Ele ctroni c Arts Inc. ( “EA”). This Licens e gove rns
your use of this applic ation and all relat ed sof tware, docum entatio n, and updat es and upgra des tha t repl ace or suppl ement the
application and are not distributed with a separate license (together, the “Application”).
By in stalli ng or using The AP PLICATI ON, yo u cons ent to be bo und by this L ICENSE . If y ou do not agr ee to all of the t erms o f this
LICEN SE, th en do not in stall or use the AP PLICAT ION. I F YOU INSTALL the A pplica tion, the te rms and CONDI TIONS of thi s LICE NSE
ARE f ully a ccepte d by y ou.
1. License Grant and Terms of Use.
A. Grant. EA grants you a personal, non-exclusive license to install and use the Application for your personal,
noncommercial use solely as set forth in this License and any accompanying documentation. Any commercial use is
prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or
rights to use the Application. The term of your license shall commence on the date that you start to download, install
or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or EA’s
termination of this License.
B. Copies. You may download the number of copies allowed by the Application’s digital rights management from an
authorized source. The number of copies that you can download during a consecutive period of days may be limited.
You may use only one copy of the Application at any given time. You may not make a copy of the Application available
on a network where it could be used by multiple users at the same time. You may not make the Application available
over a network where it could be downloaded by multiple users. For more information concerning the digital rights
management that applies to the Application, please review the terms accompanying the distribution of the Application.
Your license will terminate immediately if you attempt to circumvent digital rights management or other terms and
conditions that apply to the Application or the software delivered through the Application.
C. License Validation. The Application is required to validate the license for certain products distributed by EA. You
acknowledge and agree that the Application will automatically validate license rights for some or all EA products
without separate notice to you. This means that in order to use the Application and certain EA products, you must leave
the Application installed on your computer and maintain a connection to the Internet. You acknowledge and agree that
the Application may use information regarding your computer and your use of the Application to validate your license
rights and to update the Application. We may use this information to improve our products and services and may
disclose this information to others for that purpose, but not in a form that personally identifies you. You also agree that
the Application may automatically download and install updates that EA deems necessary. You acknowledge that any
obligation EA may have to support the previous version(s) may be ended upon the availability of the update.
D. Reser vation of Rig hts and Rest rictions. Th e Application is licensed , and not sol d, to you fo r use only u nder the term s
of this L icense. Exce pt as express ly licensed to you herei n, EA reserve s all right, title and in terest in th e Applicatio n and
all softw are delivere d through the Application (including all character s, storyline , images, pho tographs, an imations,
video, mu sic, text), and all assoc iated copyri ghts, tradem arks, and oth er intellect ual property rights there in. The Lice nse
is limite d to the int ellectual pro perty rights of EA and i ts licensors in the Appli cation and do es not inclu de any right s
to other patents or i ntellectual p roperty. Exc ept, and onl y to the exte nt that may be permitted under applic able law,
you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify,
enhance, or create a derivative wo rk of the Ap plication. Y ou may not re move, alter, or obscure a ny product i dentificatio n,
copyright , or other i ntellectual p roperty noti ces in the A pplication or software de livered throu gh the Appli cation.
2. Consent to Use of Data. You agree that EA may collect, use, store and transmit technical and related information
that identifies your computer (including the Internet Protocol Address), operating system and application software and
peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically
served content, product support and other services to you, including online play. EA may also use this information in
the aggregate and, in a form which does not personally identify you, to improve our products and services and we may
share that data with our third party service providers. 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 APPLICATION.
3. Consent to Public Display of Data. When you use the Application online, EA and its affiliates may also collect, use,
store, transmit and publicly display statistical data regarding game play when you use the Application online (including
scores, rankings and achievements), or to identify content that is created and shared by you with other players. Data
that personally identified you is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at
privacy.ea.com.
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and
automatically without any notice from EA if (i) you fail to comply with any of the terms and conditions of this License;
or (ii) EA ceases to support the Application. Promptly upon termination, you must cease all use of the Application and
destroy all copies of the Application in your possession or control. EA’s termination will not limit any of EA’s other rights
or remedies at law or in equity. Sections 2-10 of this License shall survive termination or expiration of this License for
any reason.
5. Disclaimer of Warranties. TO THE F ULLEST EXTEN T PERM ISSIBL E UNDER APPLI CABLE LAW, T HE APP LICATIO N IS
PROVI DED TO YOU “ AS IS, ” WITH ALL FA ULTS, WITHOU T WARR ANTY O F ANY K IND, A ND YOU R USE IS AT YOUR SO LE
RISK. THE E NTIRE RISK O F SATI SFACTOR Y QUAL ITY AN D PERF ORMANC E RESID ES WIT H YOU. EA AN D EA’S LICENS ORS
(COLL ECTIVE LY EA FOR PU RPOSES OF THI S SECT ION AN D SECT ION 6) DO NOT MAKE, AND H EREBY DISCLA IM, ANY
AND A LL EXP RESS, IMPLIE D OR S TATUTOR Y WARR ANTIES , INCL UDING IMPLIED WARRA NTIES OF MER CHANTA BILITY,
SATIS FACTOR Y QUAL ITY, F ITNESS FOR A PARTIC ULAR P URPOSE , NONI NFRINGE MENT O F THIR D PART Y RIGH TS, AND
WARRA NTIES (IF AN Y) ARI SING F ROM A C OURSE OF DEA LING, USAGE, OR TRA DE PRA CTICE. EA DO ES NOT WARRAN T
AGAIN ST INT ERFERE NCE WI TH YOU R ENJOY MENT O F THE APPLIC ATION; THAT T HE APP LICATI ON WIL L MEET YOUR
REQUI REMENT S; THA T OPER ATION OF THE APPLIC ATION WILL B E UNIN TERRUPT ED OR ERROR- FREE, OR THA T THE
APPLI CATION WILL BE COM PATIBL E WITH THIRD PARTY SOFTWA RE OR THAT AN Y ERRO RS IN THE AP PLICAT ION WIL L BE
CORRE CTED. NO ORA L OR W RITTEN ADVICE PROVI DED BY EA OR ANY A UTHORIZ ED REP RESENT ATIVE SHALL CREATE A
WARRA NTY. S OME JU RISDIC TIONS DO NOT ALLOW THE EX CLUSIO N OF O R LIMIT ATIONS ON IM PLIED WARRAN TIES OR THE
LIMIT ATIONS ON TH E APPL ICABLE STATUT ORY RI GHTS O F A CO NSUMER , SO SO ME OR ALL OF THE A BOVE E XCLUSIO NS
AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE FULLES T EXTE NT PER MISSIB LE BY A PPLICA BLE LA W, IN NO EVE NT SHAL L EA B E LIAB LE
TO YO U FOR ANY PE RSONAL INJUR Y, PROP ERTY D AMAGE, LOST PROFIT S, COST OF SU BSTITU TE GOO DS OR SERVICE S, OR
ANY F ORM OF INDIR ECT, S PECIAL , INCID ENTAL, CONSE QUENTI AL OR PUNITIV E DAMA GES FR OM ANY CAUSE S OF AC TION
RELAT ED TO THIS L ICENSE OR TH E APPLI CATION , WHET HER AR ISING IN TORT (INCL UDING NEGLIG ENCE), CONTRA CT,
STRIC T LIAB ILITY OR OTH ERWISE , WHETH ER OR NOT EA HAS B EEN AD VISED O F THE POSSIB ILITY OF SUC H DAMAG E.
SOME JURISD ICTION S DO N OT ALL OW THE LIMITA TION O F LIAB ILITY FOR DEA TH, PE RSONAL INJUR Y, FRA UDULENT
MISRE PRESEN TATION S OR C ERTAIN INTENT IONAL OR NEG LIGENT ACTS, OR VIO LATION OF SP ECIFIC STATU TES, OR THE
LIMIT ATION OF INC IDENTA L OR C ONSEQUE NTIAL DAMAGE S, SO SOME O R ALL O F THE ABOVE LIMITA TIONS OF LIAB ILITY
MAY NOT APPLY TO YOU. In no event shall EA’s total liability to you for all damages (except as may be required under
appli cable law) e xceed the am ount ac tually paid by you for t he Appl icatio n.
7. Limitation of Liability is a Material Term of this License. You agree that the provisions in this License that limit
liability are essential terms of this License. The foregoing limitations of liability apply even if any remedies described in
this License fail in their essential purpose.
8. Severability and Survival. If any provision of this License 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.
9. U.S. Government Restricted Rights. If you a re a g overnm ent en d user , then this p rovisi on app lies t o you. The so ftware
provi ded in conne ction with t his Lic ense h as bee n deve loped entirel y at p rivate expen se, as define d in F AR sec tion 2 .101,
DFARS secti on 252 .227-7 014(a) (1) and DFARS secti on 252 .227-7 015 (or any e quival ent or subse quent a gency regula tion
there of), “ commer cial i tems,” “comme rcial comput er sof tware” and/or “comm ercial compu ter so ftware docume ntatio n.”
Consi stent with D FARS s ection 227.72 02 and FAR s ection 12.21 2, and to the exten t requ ired u nder U. S. fed eral l aw,
the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation
there of), a ny use , modi ficati on, rep roduct ion, r elease , perf ormance , disp lay, d isclos ure or distri bution there of by or for the
U.S. Govern ment s hall b e gove rned so lely b y this Licen se and shall be pro hibite d exce pt to the ext ent ex pressl y perm itted by
this License.
10. Injunctive Relief. You agre e that a bre ach of this L icense may c ause irrepar able injury t o EA for whi ch monetary d amages
would not be an adequ ate remedy an d EA shall b e entitled t o seek equita ble relief i n addition to any remedie s it may hav e
hereunder or at law.
11. Governing Law. This License shall be governed by and construed (without regard to conflicts or choice of law principles)
under the laws of the State of California as applied to agreements entered into and to be performed entirely in California
between California residents. 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 License or to any dispute or transaction arising out of
this License.
12. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application 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.
13. Third Party Notices. Adobe® Flash® Player. Copyright © 1996 – 2006 Adobe Systems Incorporated. All Rights
Reserved. Protected by U.S. Patent 6,879,327; Patents Pending in the United States and other countries. Adobe and
Flash are either trademarks or registered trademarks in the United States and/or other countries.
14. Entire Agreement. Thi s License co nstitutes the entire agre ement betwee n you and EA with respect to the Appli cation and
supersede s all prior or contempora neous unders tandings reg arding such s ubject matte r. No amendme nt to or mod ification
of this L icense will be binding un less made in writing and signed by EA . No failure to exercise, and no dela y in exercis ing,
on the pa rt of either party, any r ight or any power hereun der shall ope rate as a wa iver thereof, nor shall a ny single or
partial e xercise of a ny right or p ower hereund er preclude further exerc ise of any o ther right he reunder. In the event of a
conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.