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`EXHIBIT 12
`EXHIBIT 12
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`IMPORTANT NOTICE TO RESIDENTS OF THE EUROPEAN UNION: PLEASE
`SCROLL DOWN TO REVIEW THE FIFA 15 EU EULA APPLICABLE TO YOU.
`
`
`ELECTRONIC ARTS
`SOFTWARE END USER LICENSE AGREEMENT
`FIFA 15
`
`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.
`
`By installing or using the Software, you agree to the terms of this License and
`agree to be bound by it. Section 2 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. Section 15,
`below, provides that any disputes must be resolved by binding arbitration on an
`individual basis. 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.
`
`Right to Return (Applicable To Those Who Purchased Packaged Software
`From Physical Retail Stores In the United States). If you do not agree to the
`terms of this License or the Origin Software Application License and you have
`not fully installed or used the Software, you may return the Software for a refund
`or exchange within thirty (30) days from the date of purchase to the original place
`of purchase by following the instructions for return available at
`http://help.ea.com/en/article/electronic-arts-warranty-policy/.
`
`1. Limited License Grant and Terms of Use.
`
`
`A. 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 non-commercial 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: (i) you dispose of
`the Software, (ii) your subscription to the Software is terminated,
`cancelled, or expires, or (iii) EA terminates this License. Your license will
`terminate immediately if you attempt to circumvent the technical protection
`
`FIFA 15 EULA_ ROW ENGLISH FINAL 7 31 14
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`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. A
`separate Privacy and Cookie Policy governs the collection, storage, use
`and transfer of user information. You may view the Privacy and Cookie
`Policy at http://privacy.ea.com.
`
`B. Technical Protection Measures. The PC version of this Software
`uses Origin Online Activation and Sony DADC Austria AG’s Denuvo
`content protection technology. An Origin Account, including the
`acceptance of EA’s online Terms of Service and Privacy and Cookie
`Policy (available at www.ea.com), installation of the Origin client
`application (http://www.origin.com/us/about), acceptance of the Origin
`EULA, and an Internet connection are required to authenticate the
`Software and verify your license upon the initial launch of the Software on
`any unique machine (“Authenticate” or “Authentication”). The serial code
`provided with this Software will be verified during
`Authentication. Authentication is limited to one Origin Account per serial
`code. Accordingly, this Software is not transferable. EA reserves the right
`to validate your license through subsequent online Authentication. While
`there is no limit on the total number of machines on which the Software
`can be authenticated, you may launch and access the Software on no
`more than five (5) unique machines in any rolling 24-hour period. If you
`disable or otherwise tamper with the technical protection measures, the
`Software may not function properly and you will have materially breached
`this License. Keep your serial code as you may need it to install the
`Software on other machines.
`
`The technical protection measures of this Software may interfere with
`certain applications, such as debuggers, when such software could
`potentially be used to circumvent the access-control technology as
`prohibited by the Digital Millennium Copyright Act.
`
`C. Access to Online Features And/Or Services. An Origin Account,
`including the acceptance of EA’s online Terms of Service
`(http://terms.ea.com) and Privacy and Cookie Policy
`(http://privacy.ea.com) and registration with the serial code enclosed with
`the Software, may be required to access online services and/or features.
`Only licensed software can be used to access online services and/or
`features, including downloadable content and access to such features, is
`limited to you and your immediate family or members of your household.
`
`D. 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.
`
`
`
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`
`
`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.
`
`E. 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.
`
`F. 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.
`
`
`
`
`2. Consent to Use of Data.
`
`EA knows that you care how information about you is collected, used and
`shared, and we appreciate your trust that we will do so carefully and sensibly.
`Information about our customers is an important part of our business, and EA
`would never sell your personally identifiable information to anyone. We and
`agents acting on our behalf do not share information that personally identifies
`
`
`
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`you without your consent, except in rare instances where disclosure is required
`by law or to enforce EA’s legal rights.
`
`When you play this game, EA and its affiliates may collect and store data from
`your computer or device. Information that EA and its affiliates collect includes
`technical and related information regarding your computer (or device) and
`operating system (including Internet Protocol Address and device ID(s)), as well
`as information about your Software usage (including but not limited to successful
`installation and/or removal), gameplay and usage statistics, system interactions
`and peripheral hardware. If you play this game offline, this data will be
`transmitted to EA and its affiliates if and when you access online features and/or
`services. EA and its affiliates may use this information to improve their products
`and services, provide services to and communicate with you (including for
`marketing purposes), facilitate the provision of software updates, dynamically
`served content, and software support, and to trouble-shoot bugs or otherwise
`enhance your experience. IF YOU DO NOT CONSENT TO THIS COLLECTION
`AND USE OF INFORMATION, DO NOT INSTALL OR USE THE SOFTWARE.
`
`This and all other data provided to EA and/or collected by EA in connection with
`your installation and use of this Software is collected, used, stored and
`transmitted by EA, 209 Redwood Shores Parkway, Redwood City, CA 94065 in
`accordance with EA’s Privacy Policy at www.ea.com. To the extent that anything
`in this section conflicts or is inconsistent with EA’s Privacy and Cookie Policy, the
`terms of the Privacy and Cookie Policy shall control.
`
`3. 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 and Cookie Policy located 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 - 14 of this License
`shall survive termination or expiration of this License for any reason.
`
`5. Limited Warranty on Recording Media. The LIMITED WARRANTY ON
`RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS
`INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY
`GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL
`
`
`
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`RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY FROM
`JURISDICTION TO JURISDICTION.
`
`6. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON
`RECORDING MEDIA, IF APPLICABLE, AND 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 6) 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.
`
`7. 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
`
`
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`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.
`
`8. 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.
`
`9. 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.
`
`10. 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.
`
`11. 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.
`
`12. Governing Law. If you reside in the Republic of Korea, (i) the laws of Korea,
`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 Korea, 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 the arbitration provision in section 15, below,
`exclusive jurisdiction for any claim or action arising out of or relating to this
`
`
`
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`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.
`
`13. 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.
`
`14. Third Party Technology. If you use this Software on MAC, then your
`Software incorporates technology developed by TransGaming Inc. (“Cider”).
`Cider™ is Copyright © 2000-2009 TransGaming Inc. The terms and conditions
`governing your use of Cider technology are available at
`http://eacom.s3.amazonaws.com:80/Cider+License.pdf.
`
`15. 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.
`
`16. Dispute Resolution By Binding Arbitration.
`
`The purpose of this Section is to provide a streamlined method for resolution of
`disputes between us if they arise. As discussed below in Section 15.f, if we
`cannot resolve our disputes informally and you are awarded a sum at arbitration
`greater than EA’s last settlement offer to you (if any), EA will pay you 150% of
`your arbitration award, up to $5000 over and above your arbitration award.
`
`PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
`
`Most of your concerns can be resolved quickly and to your satisfaction by
`A.
`logging into the EA customer support interface with your Origin Account at
`http://help.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
`
`
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`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, Switzerland 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,
`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.
`
`Informal Negotiations/Notice of Dispute. You and EA agree to first
`B.
`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.
`
`
`
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`Binding Arbitration. If you and EA are unable to resolve a Dispute
`C.
`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 BY THIS
`PROVISION, YOU AND EA ARE FOREGOING 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.
`
`Restrictions. You and EA agree that any arbitration shall be limited to
`D.
`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.
`
`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
`
`
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`proceeding pending arbitration, or to confirm, modify, vacate or enter judgment
`on the award entered by the arbitrator.
`
`Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the
`F.
`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.
`
`Limitation on Arbitrator’s Authority. The arbitrator may award
`G.
`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.
`
`Changes to Agreement. Notwithstanding any provision in this
`H.
`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.
`
`
`
`
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`ELECTRONIC ARTS
`EU SOFTWARE END USER LICENSE AGREEMENT
`FIFA 15
`
`This End User License Agreement (“License”) is an agreement between you and
`Electronic Arts Inc. (“EA”). This License governs your use of this software
`product including all accompanying 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; you do not own the Software.
`
`By downloading, installing or using the Software, you agree to and fully accept
`the terms of this License and agree to be bound by it. Section 2 below describes
`the data EA may process, collect, use and store in the course of providing
`services and support to you in connection with the Software in accordance with
`our Privacy and Cookie Policy at http://privacy.ea.com.
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`1. Limited License Grant and Terms of Use.
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`A. Grant. By accepting this License, you are acquiring and EA grants you a
`personal, limited, non-exclusive license to install and use the Software for
`your personal non-commercial use solely as set forth in this License and
`the accompanying documentation. Your acquired rights are subject to your
`compliance with this License. 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: (i) you dispose of
`the Software, (ii) your subscription to the Software is terminated,
`cancelled, or expires, (iii) EA terminates this License.
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`B. Further Restrictions. Your right to use the Software is limited to the
`license grant above in (A), 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
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`not remove, alter or obscure any product identification, copyright,
`trademarks or logos, or legal notices included in the Software or related
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`C. 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
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`FIFA 15 EULA_ ROW ENGLISH FINAL 7 31 14
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`
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`Case 1:16-cv-00454-RGA Document 6-1 Filed 06/22/16 Page 13 of 27 PageID #: 693
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`(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
`intel