ELECTRONIC ARTS
END USER LICENSE AGREEMENT
FOR THE SIMS TM 3 GAME
(DISTRIBUTED BY DIGITAL DOWNLOAD and PHYSICAL MEDIA)
This End User License Agreement (“License”) is an agreement between you and Electronic Arts Inc. and its affiliates (collectively "EA"). This License governs your use of legitimate copies of this software, and all related documentation, utilities, and updates and upgrades that replace or supplement the software and 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 accept the terms and conditions of this License and be bound to them. If you do not agree to the terms of this License, then do not install or use the Software. Sections 4 and 5 below describe data EA may use to provide services and support to you in connection with the Software. Section 18, below, requires all disputes that cannot be informally resolved between us to be submitted to binding arbitration on an individual basis If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, you fully accept the terms and conditions of this License.
1. Limited License Grant and Terms
A. Grant. Through an authorized purchase or transfer, you acquire and EA grants you a non-exclusive license to install and use the Software for your personal, limited, non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your agreement and continuing compliance with this License. Commercial use of the Software is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except by transfer as expressly set forth in section 3 below. Your License term begins on the date on which you install or otherwise use the Software, and ends on the date that you dispose of the Software or EA terminates this License, whichever is earlier. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. All use of the Software is subject to this License. A separate Terms of Service agreement, and The Sims 3 Store digital services agreement, as applicable, governs your use of online services in connection with the Software. You may view the Terms of Service agreement at http://terms.ea.com and the The Sims 3 Store digital services agreement at The Sims 3 Store online. A separate Privacy Policy governs the collection, storage, use and transfer of user information. You may view the Privacy Policy at http://privacy.ea.com.
B. Technical Protection Measures. This software uses the same content protection technology that accompanied The Sims 3 base game. For more information, please refer to the End User License Agreement file found in The Sims 3 base game.
C. Access to Online Features And/Or Services. You must have an EA/Origin account and have accepted EA’s terms of service at http://terms.ea.com and Privacy Policy at http://privacy.ea.com and have registered the Software with the enclosed serial code to access online services including the upload and download additional content for the Software and The Sims 3 Exchange , and SimPoints and The Sims 3 Store. MAC users must also update to the latest version of The Sims 3 Launcher in order to access online services. Only one copy of the Software may access online services at a time. Acceptance of a separate digital services agreement is also required to use The Sims 3 Store and SimPoints. Only one user of the Software may register the Software online to access online services. Online registration of the Software is not transferable. If your EA/Origin account is terminated, you will not be able to upload or download content or access online services.
D. The Sims 3 Launcher, Software Updates, and EA’s Download Manager. When you install the Software on a PC, EA provides you the option of installing EA’s Origin application. A connection to the Internet is required to download and install Software updates. The Origin application is included with your game. If you wish to install Origin application, double click the executable file and it will begin the installation process. You can choose to install it at a later date. You can also delete the file (uninstalled) from your computer. If you install the Origin application and wish to remove it, follow the “remove program” instructions for your Windows Operating System. The Sims 3 Launcher is the screen from which you may launch (play) your game, manage Software updates, and upload and download content, if you are connected to the Internet. If your computer is connected to the Internet, The Sims 3 Launcher will automatically provide you with access to news, content, and information from The Sims 3 and The Sims 3 community and connect you to The Sims website(s). We may automatically update the Origin application (if you have it installed) or other components of the Software when your computer is connected to the Internet to keep the Software functioning properly. You may separately uninstall the Origin application. Software updates may be used only with licensed copies of the Software.
E. IGA Worldwide Technology. This game incorporates dynamic advertisement serving technology offered by IGA Worldwide Inc. (“IGA Technology”), which enables advertising to be temporarily uploaded into the game on your PC or console, and replaced while you are online. IGA Technology only logs information that is needed to measure presentation of advertising, and to serve advertising to the appropriate geographic region and to the right location within the game. Logged data may include Internet Protocol Address (“IP Address”), in game location, length of time an advertisement was visible, size of the advertisements, and angle of view. The IP Address is deleted when the online game session ends. Your game may be assigned an id number, which is stored on your PC or console, and used by IGA Technology to calculate the number of unique and repeat views of dynamic in game advertising. The id number is not associated with any personal data. No logged information is used to personally identify you. This ad serving technology is integrated into the game; if you do not want to use this technology, do not play the game while connected to the Internet. For more information see our privacy policy at http://privacy.ea.com.
2. Intellectual Property Rights and Ownership.
A. Reservation of Rights. You have purchased a limited license to the Software and your rights are limited to the license grant above and subject to this License. You may not otherwise copy, display, distribute, perform, publish, modify, or use the Software or any component of it. You are prohibited from making a copy of the Software available on a network where it could be used or downloaded by multiple users. Except as expressly licensed to you herein, EA and its licensors, as applicable, owns and reserves all right, title and interest in the Software, and all related data, characters, themes, objects, storyline, images, photographs, graphics, animations, video, music, text, and the associated copyrights, trademarks, moral rights 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, reverse engineer or created derivative works of the Software 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 to EA.
B. Contributing Content through The Sims 3 Launcher
1. If you have an EA/Origin account and have registered the Software online, the Software allows you to download additional content for the game from EA’s website(s) and to upload content to the website(s) through The Sims 3 Launcher.
2. Uploading and downloading content is subject to EA’s online terms of service (terms.ea.com). You may not upload any content through the Software that is protected by copyright, trademark or other intellectual property rights unless you are permitted to do so by the owner or law. EA may, without prior notice to you and in its sole judgment, remove content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party’s intellectual property rights, EA may terminate your EA/Origin account without notice to you.
3. In exchange for enabling your contribution of content, when you contribute content through the Software, you expressly grant to EA a non-exclusive, perpetual, fully transferable and sub-licensable, worldwide, irrevocable right to use, reproduce, modify and create derivative works from, distribute, transmit, broadcast, and publicly display and perform the content, or any portion thereof, in connection with the distribution of such content to other users and potential users of the Software (such as, for example, featuring such content for download in The Sims 3 Launcher) and in the marketing and advertising of the Software, without further notice, payment or attribution to you. You grant EA all licenses, consents and clearances to enable EA to use such content for such purposes.
4. In exchange for the right to use content contributed by other users through the Software, when you contribute content through the Software, you expressly grant to other users of the Software the non-exclusive, perpetual, transferable, worldwide, irrevocable right to access and use, copy, modify, display, perform, and create and distribute derivative works from, your contributed content in connection with the Software, and to distribute and otherwise communicate your contributed content as a component of works that they create using the Software, for example, The Sims lots or The Sims videos, without further notice, attribution or compensation to you. You hereby waive any moral rights of paternity, publication, reputation, or attribution under applicable law with respect to EA’s and other players’ use and enjoyment of such content contributions in connection with the Software.
3. Transfer. You may make a one-time permanent transfer of all your rights to install and use the Software to another individual or legal entity provided that: (a) The Technical Protection Measures used by the Software supports such transfers; (b) you also transfer this License and all copies of the Software; (c) you deauthorize all machines and retain no copies of the Software, upgrades, updates or prior versions; and (d) the receiving party accepts the terms and conditions of this License. If you wish to transfer the Software in accordance with the terms of this License, you must deauthorize all your machines to allow the transferee to authenticate and authorize the Software on his/her own machines.
Online registration is not transferable. When you register your Software online to access online services, that registration is unique to you. If you make a legitimate transfer of the Software, you transfer the licensed rights to the copy of the Software itself, but not the right to access any services that are made available in connection with the Software online. In addition, such a transfer may not include the right to receive updates, dynamically served content, or the right to upload and download content, or use any other online service of EA in connection with the Software. EA may require that any end user of the Software register the Software online as a condition of use and/or the purchase additional Licenses. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE COPIES OF THE SOFTWARE.
4. 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 you without your consent, except in rare instances where disclosure is required by law or to enforce EA’s legal rights.
In addition to information that you give EA directly, EA collects non-personally identifiable information for purposes of improving our products and services, providing services to and communicating with you, facilitating the provision of software updates, dynamically served content and product support. The information that EA collects includes technical and related information that identifies your computer (including Internet Protocol Address) and operating system, as well as information about your Software usage (including but not limited to successful installation and/or removal), and peripheral hardware. As noted above, this information is gathered periodically for purposes such as improving our products and services, troubleshooting bugs and otherwise enhancing your user experience. EA and its affiliates may also use this information for marketing purposes as well as to improve our products and services and we may share anonymous data with our third party service providers. 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 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 Policy, the terms of the Privacy Policy shall control.
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5. Consent to Public Display of Data. If you participate in online services, such as downloading and uploading content, EA and its affiliates may also collect, use, store, transmit and publicly display data regarding your content contributions, and associate you with content that is created and shared by you with other players and EA. Data that personally identifies you is collected, used, stored and transmitted in accordance with EA’s Privacy Policy located at http://privacy.ea.com.
6. 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 2 and 4 - 17 of this License shall survive termination or expiration of this License for any reason.
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8. 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, 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 9) 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 BE COMPATIBLE WITH THIRD PARTY 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.
9. 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 LOSS OR DAMAGE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA (INCLUDING PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR OTHER USER DATA), LOSS OF GOODWILL, INTERUPTION OF SERVICE, WORK STOPPAGE, COMPUTER DISRUPTION, INTERFERENCE, FAILURE OR MALFUNCTION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH ALLEGED LOSS OR DAMAGE ARISES IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND 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.
10. 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.
11. 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.
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