Manual Electronic Arts De Sims 3 Luxe Accesoires (page 2 of 9) (English)

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ELECTRONIC ARTS SOFTWARE END USER LICENSE

AGREEMENT FOR THE EA DOWNLOAD MANAGER

This End User License Agreement (“License”) is an agreement between you and Electronic Arts Inc. (“EA”). This License governs

your use of this application and all related software, documentation, and updates and upgrades that replace or supplement the

application and are not distributed with a separate license (together, the “Application”).

By installing or using The APPLICATION, you consent to be bound by this LICENSE. If you do not agree to all of the terms of this

LICENSE, then do not install or use the APPLICATION. IF YOU INSTALL the Application, the terms and CONDITIONS of this LICENSE

ARE fully accepted by you.

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. Reservation of Rights and Restrictions. The Application is licensed, and not sold, to you for use only under the terms

of this License. Except as expressly licensed to you herein, EA reserves all right, title and interest in the Application and

all software delivered through the Application (including all characters, storyline, images, photographs, animations,

video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License

is limited to the intellectual property rights of EA and its licensors in the Application and does not include any rights

to other patents or intellectual property. Except, and only to the extent that may be permitted under applicable law,

you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify,

enhance, or create a derivative work of the Application. You may not remove, alter, or obscure any product identification,

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 FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS

PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY 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 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 APPLICATION; THAT THE APPLICATION WILL MEET YOUR

REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE

APPLICATION WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE APPLICATION 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.

6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EA BE LIABLE

TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR

ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION

RELATED TO THIS LICENSE OR THE APPLICATION, 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 THE 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 may be required under

applicable law) exceed the amount actually paid by you for the Application.

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 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), “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.

10. Injunctive Relief. You agree that a breach of this License 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.

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.

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. This License constitutes the entire agreement between you and EA with respect to the Application 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.

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