Original
Clause |
Simplified
Clause |
This
End User License Agreement (“License”) is an agreement between you and Electronic
Arts Inc., its subsidiaries and affiliates (“EA”). This License governs your
use of
this software product and all related documentation, and updates and upgrades
that replace
or supplement the software in any respect and which are not distributed with
a separate
license (collectively, the "Software"). This Software is licensed
to you, not sold. |
This
agreement is between you (the purchaser) and Electronic Arts and all
affiliated companies. Your
use of this software will be governed by this agreement. You
have this software leased to you, you do not own it. |
By
installing or using the Software, you agree to the terms of this License and
agree to be
bound by it. Section 3 below describes the data EA may use to provide
services and support
to you in connection with the Software. If you do not agree to this use of
data, do
not install or use the Software. IF YOU INSTALL THE SOFTWARE, THE TERMS AND
CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do not
agree to the terms of this License, then do not install or use the Software. |
If
you install this software, it will be presumed that you have consented to
this License agreement. If
you don’t agree with the terms of this agreement, do not install this
software. |
Grant.
Through this purchase, you are acquiring and EA grants you a personal, limited,
non-exclusive license to install and use the Software for your noncommercial
use solely as set forth in this License and the accompanying documentation.
Your acquired rights are subject to your compliance with this Agreement.
Any commercial use is prohibited. You are expressly prohibited from
sub-licensing, renting, leasing or otherwise distributing the Software or rights
to use the Software. The term of your License shall commence on the date
that you install or otherwise use the Software, and shall end on the earlier of
the date that you dispose of or transfer the Software; or EA's termination of
this
License. Your license will terminate immediately if you attempt to circumvent
the technical protection measures for the Software. A separate Terms
of Service agreement governs your use of online services in connection with
the Software. You may view the Terms of Service agreement at http://terms.ea.com. |
By
purchasing this software you have obtained a license that is : 1.
Not exclusive 2.
Limited 3.
Personal 4.
Not for commercial use 5.
Cannot be sub-licensed 6.
Open for termination if you attempt to
circumvent the protection measures taken by the company for the software. Your
license will be valid from the day you install this software. The
online use of this service/software is governed by a separate “Terms Of
Service” Agreement that is available to be viewed at: http://terms.ea.com
(Redirects to Electronic Arts Website) |
Access
to Software, Online Features And/Or Services. An EA/Origin Account,
including the acceptance of EA’s online Terms of Service and Privacy Policy
(available at www.ea.com), the installation of Origin client application (www.origin/about.com)
(or superceding download management software) as well
as acceptance of the Origin (or superceding download management software)
End User License Agreement, may be required to access the Software, online
services and/or features and to download and apply Software updates and patches
(if any). Only licensed software can be used to access online services and/or
features (if any), including downloadable content, and access to such features
is limited to you and your immediately family or members of your household. |
You
can access the online services provided by EA ONLY if you accept the terms
and clauses of EA’s online Terms of Service and Privacy Policy. Only
immediate family members or members of your household can access the EA
Online service. |
Further
Restrictions. Your right to use the Software is limited to the
license grant
above, and you may not otherwise copy, display, seek to disable, distribute, perform,
publish, modify, create works from, or use the Software or any component
of it, except as expressly authorized by EA. Unless expressly authorized by
EA, you are prohibited from making a copy of the Software available
on a network where it could be used by multiple users. You are prohibited
from making the Software available over a network where it could be downloaded
by multiple users. You may not remove or alter EA’s trademarks or logos,
or legal notices included in the Software or related assets. |
You
have a limited right to use the software. You cannot: 1.
Copy 2.
Display 3.
Seek to disable 4.
Distribute 5.
Perform 6.
Publish 7.
Modify 8.
“Tinker” 9.
“Reverse engineer” This
software. You
also cannot upload it to a network where it may be available to be downloaded
by multiple users.
|
Reservation
of Rights. You have obtained a license to the Software and your rights
are subject to this License. Except as expressly licensed to you herein, EA reserves
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. This
License is limited to the intellectual property rights of EA and its licensors
in the
Software and does not include any rights to other patents or intellectual property.
Except to the extent permitted under applicable law, you may not decompile,
disassemble, or reverse engineer the Software, or any component thereof,
by any means whatsoever. You may not remove, alter, or obscure any product
identification, copyright, or other intellectual property notices in the Software.
All rights not expressly granted herein are reserved by EA. |
You
have been only “leased” this software and the terms of using that software
are governed under this license. EA
“owns” all the associated logos, text, images, storyline, music, video,
animations and photographs. EA has a copyright over it and other intellectual
property rights. You
will not reverse engineer or disassemble any of the components of the
software (or the software itself) except to the extent permitted by law. |
Your
Contributions. In exchange for use of the Software, and to the
extent that your
contributions through use of the Software give rise to any copyright
interest, you
hereby grant EA an exclusive, perpetual, irrevocable, fully transferable and sub-licensable
worldwide right and license to use your contributions in any way and
for any purpose in connection with the Software and related goods and services
including the rights to reproduce, copy, adapt, modify, perform, display, publish,
broadcast, transmit, or otherwise communicate to the public by any means
whether now known or unknown and distribute your contributions without any
further notice or compensation to you of any kind for the whole duration of protection
granted to intellectual property rights by applicable laws and international
conventions. You hereby waive any moral rights of paternity, publication,
reputation, or attribution with respect to EA’s and other players’ use and
enjoyment of such assets in connection with the Software and related goods and
services under applicable law. The license grant to EA, and the above waiver
of any applicable moral rights, survives any termination of this License. |
In
exchange for using the software, you give EA an 1.
Exclusive 2.
Perpetual (Eternal) 3.
Irrevocable 4.
Totally Transferable 5.
Sub licensable Worldwide
right to use your contributions for any purpose they see fit. (Including but
not limited to : 1.
Reproducing 2.
Copying 3.
Adapting 4.
Modifying 5.
Performing 6.
Displaying 7.
Publishing 8.
Broadcasting 9.
Transmitting Your
contributions. (You
give up your copyrights and any other rights you may hold over your
contributions to the software. |
Consent to Use of Data.
When you play this game offline, EA and its affiliates may collect
and store non-personally identifiable data including your Internet Protocol Address
as well as game play and software usage statistics. If and when you access online
features and/or services (if any), this data may be transmitted to EA. EA may
use this
information to improve our products and services and may share anonymous data
with
third parties. To
facilitate Technical Protection Measures (if any), the provision of software
updates, any
dynamically served content, product support and other services to you,
including marketing,
advertising and online play (if any), you agree that EA and its affiliates
may collect,
use, store and transmit technical and related information that identifies
your computer
(including an Internet Protocol Address and hardware identification),
operating system
and application software and peripheral hardware. EA and its affiliates may
also use
this information in the aggregate, in a form which does not personally
identify you, to improve our products and services and we may share anonymous
data with our third party
service providers. All
data is collected, used, stored and transmitted in accordance with EA’s
Privacy Policy located
at http://privacy.ea.com. To the extent that anything in this section
conflicts with the
terms of EA’s Privacy Policy, the terms of the Privacy Policy shall control. |
While
you play this game offline, EA may (if it so wishes to) collect and store
“non personally identifiable” data (including your IP Address as well as
statistics and usage data. If
you access online features of the software this data might be transmitted to
EA. And
it may share that data with third parties. In
order to use the Technical Protection Measures, EA will 1.
Collect 2.
Store 3.
Use 4.
Transmit Technical
and related information that identifies your computer (including IP Address,
Operating System and hardware specifics)
All
abovementioned things will be done following EA’s Privacy Policy.
|
Consent
to Public Display of Data. If you participate in
online services, such as online
play or the downloading and uploading of content, EA and its affiliates 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. Data that personally identifies you is collected,
used, stored
and transmitted in accordance with EA’s Privacy Policy located at www.ea.com |
If
you avail the online services (by playing online or downloading/uploading
content) then EA and its affiliates can collect, use, store, transmit and
publicly display the data collected during game play (data here refers to
statistical data) Data
that personally identifies you is collected, used, stored and transmitted
following the terms set out by EA’s Privacy Policy at : www.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 you
fail to comply
with any of the terms and conditions of this License. Promptly upon
termination, you
must cease all use of the Software and destroy all copies of the Software in
your possession
or control. Termination will not limit any of EA’s other rights or remedies
at law
or in equity. Sections 4 - 13 of this License shall survive termination or
expiration of this
License for any reason. |
This
License will be effective until terminated. If
you fail to follow, or violate any terms given in this License, your license
(or lease) shall be terminated without any prior notice from EA. Upon
termination, you MUST stop using the software and destroy all copies you have
of it. Section
4 – 13 of this license will be effective and will survive even when the
license is terminated. |
5.
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 7) 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 ERRORFREE, 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 |
EA
does not give you any warranty of this software and it is provided you with
all its fault. When
you use it, you consent to your knowledge of that fact and EA will not be
blamed for any problem that this software causes to your computer or
electronic device. EA
does not claim or guarantee that this software will be available to you
without interruption, or will be free of problems, or that its errors will be
corrected. No
oral (spoken) or written advice provided by a representative of EA will
create a warranty of any kind under any jurisdiction. |
6.
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. 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. |
|
7.
Limitation of Liability and Disclaimer of Warranties are Material Terms 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 the
above stated remedy
under the Limited Warranty for Recording Media fails in its essential
purpose. |
You
understand and agree that those parts of this agreement that limit liability
are essential to it and that it will apply in case of a dispute. |
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 of this
License shall
continue in full force and effect. |
If
any part of this license is illegal or unenforceable then the other portions
of this license will still be applicable (and may be amended to achieve the
intended effect of the part that proves to be unenforceable) |
9.
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 License 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 License and
shall be prohibited
except to the extent expressly permitted by this License. |
Applies
only to users that are from the US Government. This
software has been developed at private expense entirely. Any
use, modification, reproduction, release, display, disclosure or distribution
of this software by the US Government will be governed by this license and
will be prohibited (unless this License expressly allows it). |
10.
Injunctive Relief. You agree that a breach of this License will
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 without a bond, other security or proof of damages |
You
agree that a breach of this License will cause damages to EA that are
irreparable and that monetary compensation won’t be sufficient. EA
will be entitled to seek relief that it feels is equitable with the damages
that are caused. |
11.
Governing Law. 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
Application; 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 Application
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
Application; and (ii) you
expressly agree that for claims and disputes not subject to section 14,
below, exclusive
jurisdiction for any claim or action arising out of or relating to this
License and/or your use of the Application shall be the federal or state
courts that govern 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. |
IF
you live in a country that is part of
the European Union : 1.
Laws of England will govern this
License and your use of the software. 2.
You grant exclusive jurisdiction in
this matter to English Courts (In case there is a legal dispute Courts Of England
shall decide). If
you live somewhere else, you consent to the fact that: 1.
Laws of California will govern the
License 2.
For any disputes not resolved under
Section 14 will be done by exclusively the courts of San Mateo County |
12.
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 |
Agree
to not transfer this software to a country that is prohibited from doing
business with EA. |
13.
Entire Agreement. This License 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 License
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 License and any applicable purchase or other terms, the
terms of this
License shall govern. |
This
License is the entire agreement between you and EA and will supersede all
prior understandings about it. |
14.
Dispute Resolution By Binding Arbitration. PLEASE
READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. A)
Most of your concerns can be resolved quickly and to your satisfaction by
logging into
the EA customer support interface with your Account at
http://support.ea.com/. In the
unlikely event that EA cannot resolve a concern to your satisfaction (or if
EA cannot
resolve a concern it has with you after attempting to do so informally), then
you and EA agree to be bound by the following procedure to resolve any and all
disputes between us. This provision applies to all consumers to the fullest extent
allowable by law, but expressly excludes residents of Quebec, Russia and the
Member States of the European Union. This agreement is intended to be interpreted
broadly. It covers any and all disputes between us (“Disputes”), including
without limitation: (a)
claims arising out of or relating to any aspect of the relationship between
us, whether
based in contract, tort, statute, fraud, misrepresentation or any other legal
theory; (b)
claims that arose before this Agreement or any prior agreement (including, but
not limited to, claims relating to advertising); (c)
claims that are currently the subject of purported class action litigation in
which
you are not a member of a certified class; and (d)
claims that may arise after the termination of this Agreement. The
only disputes that are not covered by this Section are the following: 1) a claim to enforce or protect, or concerning
the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual
property rights; 2) a claim related to, or arising from,
allegations of theft, piracy, or unauthorized use; 3) In
addition, nothing in this Agreement shall prevent either party from
initiating a small claims court action. By
entering into this Agreement, you and EA expressly waive the right to a trial
by jury
or to participate in a class action. With respect to this Section 16,
References to "EA,"
"you," and "us" include our respective subsidiaries,
affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services or Software under this or prior agreements
between us. This EULA evidences a transaction in interstate commerce, and
thus the Federal Arbitration Act governs the interpretation and enforcement
of this Section. This arbitration provision shall survive termination of this
EULA. |
A
This does not apply to residents of Quebec, Russia and the Member States of
the European Nation. In
case your concern is not resolved by the EA Customer Support Interface at http://support.ea.com,
then you and EA will resolve any and all disputes by following the mentioned
procedure. The
following procedure will cover all disputes that arise between the client
(you) and EA no matter how these disputes arise. The
sections that are not covered by this Section are the following: 1) Claim
concerning intellectual property rights. 2)
Claim related to allegations of theft,
piracy or unauthorized use. 3)
Nothing in this agreement will prevent
any of the two parties from starting a “small claims court action” By
entering this agreement, you and EA expressly forego the right to trial by
jury or a participation in class action. This
provision will survive termination of this EULA. |
B.
Informal Negotiations/Notice of Dispute. You and EA agree to
first attempt to resolve any Dispute informally before initiating
arbitration. Such negotiations commence upon
receipt of written notice from one person to the other (“Notice of Dispute”).
Notices of
Dispute must: (a) include the full name and contact information of the
complaining party;
(b) describe the nature and basis of the claim or dispute; and (c) set forth
the specific
relief sought ("Demand"). EA will send its Notice of Dispute to
your billing address
(if you provided it to us) or to the email address you provided to us. You
will send
your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood
City CA 94065, ATTENTION: Legal Department. |
Both
parties agree to try to resolve any disputes informally before starting
arbitration. These
will commence when one party sends the other a Notice of Dispute/Written
Notice.
(a)
Full name and contact of complaining
party (b)
Nature and Basis of dispute. (c)
Demand |
C.
Binding Arbitration. If you and EA are unable to resolve a Dispute
through informal
negotiations within 30 days after receipt of the Notice of Dispute, either
you or EA
may elect to have the Dispute finally and exclusively resolved by binding
arbitration. Any
election to arbitrate by one party shall be final and binding on the other.
YOU UNDERSTAND
THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA
website www.adr.org. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Rules and, where appropriate, limited by the
AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive,
or if you send EA a notice to the Notice of Dispute address above indicating that
you are unable to pay the fees required to initiate an arbitration, then EA
will promptly
pay all arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone or online. The arbitrator shall
make
a decision in writing, and shall provide a statement of reasons if requested
by either
party. The arbitrator must follow applicable law, and any award may be challenged
if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration,
to stay proceeding pending arbitration, or to confirm, modify, vacate or
enter judgment
on the award entered by the arbitrator. |
If
informal negotiations prove to be futile within 30 days of the receipt of the
written notice, either party may choose to resolve it by binding arbitration. Whichever
party makes the decision, it shall be binding on both the parties. The
arbitration will be conducted under the rules mentioned as “Commercial
Arbitration Rules” by American Arbitration Association (AAA). This
arbitration might be done/conducted in person, by phone, online or through
submission of documents. |
D.
Restrictions. You and EA agree that any arbitration shall be
limited to the Dispute
between EA and you individually. To the full extent permitted by law: (a) no
arbitration shall be joined with any other arbitration proceeding; (b) there
is no right or authority
for any Dispute to be arbitrated on a class action-basis or to utilize class
action procedures;
and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
YOU
AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and EA agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is found
to be unenforceable,
then the entirety of this dispute resolution/arbitration provision shall be null
and void. |
Agree
to hold arbitrations individually and that: (b)
No class action procedures (c)
No lawsuit on behalf of the general public or anyone else. Agree
to bring claims individually and not in class or joint proceedings. |
E.
Location. If you are a resident of the United States,
arbitration will take place at any
reasonable location convenient for you. For residents outside the United
States, arbitration
shall be initiated in the County of San Mateo, State of California, United States
of America, and you and EA agree to submit to the personal jurisdiction of
that court,
in order to compel arbitration, to stay proceeding pending arbitration, or to
confirm, modify,
vacate or enter judgment on the award entered by the arbitrator. |
If
you’re a US resident the arbitration shall be held at a place convenient for
you. If
you’re not a US resident then arbitration shall be started by the courts of
San Mateo, California, United States Of America. You
consent to personal jurisdiction of abovementioned court. |
F.
Recovery and Attorneys’ Fees. If the arbitrator
rules in your favor on the merits of
any claim you bring against EA and issues you an award that is greater in
monetary value
than EA's last written settlement offer made before final written submissions
are made
to the arbitrator, then EA will: (a)
Pay you 150% of your arbitration award, up to $5,000 over and above your
arbitration award; and (b)
Pay your attorney, if any, the amount of attorneys' fees, and reimburse any
expenses (including expert witness fees and costs) that you or your attorney
reasonably accrues for investigating, preparing, and pursuing your
claim in arbitration ("the attorney premium"). The
arbitrator may make rulings and resolve disputes as to the payment and reimbursement
of fees, expenses, and the alternative payment and the attorney premium
at any time during the proceeding and upon request from either party made within
fourteen (14) days of the arbitrator's ruling on the merits. The
right to attorneys' fees and expenses discussed above supplements any right
to attorneys'
fees and expenses you may have under applicable law, although you may not recover
duplicative awards of attorneys' fees or costs. EA waives any right it may
have to
seek an award of attorneys’ fees and expenses in connection with any
arbitration between
us. |
If
arbitration is in your favour then EA will: (a)
Pay you 150% of your arbitration award (b)
Pay your attorney fees and reimburse
any legal costs you accrue. |
G.
Limitation on Arbitrator’s Authority. The arbitrator may
award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary
to provide relief warranted by that party's individual claim. |
Limits
arbitrator’s authority and he can only awar relief in favour of individual
seeking relief to the extent necessary. |
H. Changes
to Agreement. Notwithstanding any provision in this Agreement
to the contrary,
we agree that if EA makes any future change to this arbitration provision
(other than
a change to the Notice of Dispute address), you may reject any such change by
sending us written notice within thirty (30) days of the change to the Notice
of Dispute address
provided above. By rejecting any future change, you are agreeing that you
will arbitrate
any dispute between us in accordance with the language of this provision. |
If
EA makes changes to this agreement in the future, you will have 30 days to
reject such change and send a written notice. |