TERMS OF SALE

LAST UPDATED: October 28, 2011

Your purchase and use of products and services on the Electronic Arts website ww
w.ea.com and affiliated sites (the "Websites") is governed by these Terms of Sal
e, which supplement the EA Online Terms of Service and Privacy Policy (together,
the "Agreement" or the "Contract"). If you reside in the United States, Canada
or Japan, the Contract is between you and Electronic Arts Inc. Please click he
re for contact information for Electronic Arts Inc. If you reside in any other c
ountry, then the Contract is between you and EA Swiss Srl. Please click here for
contact information for EA Swiss Srl.
If you download software, purchase physical products or acquire points from one
of our Websites, your use of the software, product and points is also governed b
y the applicable end user license agreement and/or digital services agreement pr
esented to you either prior to your download of the software or acquisition of p
oints, or within the packaged product.
Please note that these Terms of Sale do not apply to you if you purchase a prepa
id code for one of our products at a retail outlet or on another website. Your
purchase of such prepaid code is governed by the terms and conditions (if any) o
f the applicable retail outlet or third party website.
In these Terms of Sale, the term "you" means you the customer; and the terms "EA
", "we","us" and "our" means either Electronic Arts Inc., or EA Swiss Srl, whiche
ver is applicable to you.
2. Placing an Order with Us:
To make a purchase, (i) click the "buy now" (or similar) link; (ii) sign into yo
ur Origin Account ( Account ), (formerly called an EA Account), or create an Account
if you do not have one; (iii) provide your billing information; and (iv) confir
m the details of what you are purchasing and that you have read and accept these
Terms of Sale, any applicable end user license agreement, and any applicable di
gital services agreement. You will then be sent a purchase confirmation email f
rom us. To cancel your order at any time prior to completion of the order, clic
k the "cancel" (or similar) button at the bottom of each purchase page on the ap
plicable Website.
You can correct inputting errors on the "Confirm Billing" (or similar) page of t
he Website. You can also correct certain inputting errors that you have made on
the Website (such as an incorrect billing address) by logging on to www.ea.com,
and accessing the "My Account" (or similar) link located on our home page.
Your submission of an order only constitutes an offer by you to buy at the price
and terms stated in the order. If you would like a copy of the records applica
ble to your order, including the EA Online Terms of Service and Terms of Sale ap
plicable to your Contract, please contact Customer Support by visiting http://su
pport.ea.com.
EA strives to provide a safe and fair playing environment for all players of our
games. To help prevent fraud, cheating and other behaviors that can negatively
affect player experience, EA may employ "anti-cheating" or fraud prevention uti
lities which collect non-personally identifiable information about your device w
hen you place an order with us. For more information about EA s fraud prevention t
echnology and its fraud prevention partner, iovation, please review EA s privacy p
olicy at privacy.ea.com which is incorporated here by reference. For more infor
mation about iovation, please visit www.iovation.com/privacy.html.

3. Pricing:
The price payable by you (the "Price") is the price indicated on the purchase co
nfirmation email that we send you. For consumers located in Europe, the Price i
ncludes any applicable VAT.
Pricing and Sales Tax, GST and VAT. Your total price will be the price of the pr
oduct plus any applicable sales or use taxes in effect at the time of purchase,
and based on the bill to address. For U.S. and Canadian purchasers applicable sa
les tax will be added on to the product price displayed. For Australia, EU count
ries, New Zealand, Norway, Switzerland or South Africa purchasers and unless oth
erwise indicated at the time of purchase, product prices on the service include
applicable VAT or GST, which will be assessed at a variable rate based on your b
illing location (including purchases for gifts). Failure on EA's part to invoic
e you for any applicable sales taxes, GST, VAT and other taxes does not relieve
you of the liability to pay such taxes, and you must pay to the applicable taxin
g authority any such taxes which may be due as a result of your purchase through
the service. We reserve the right to change the price and specifications shown
in relation to any of our products or services. If the price or specification p
ublished on the applicable Website for any products or services is materially in
correct when you place an order for those products or services, we will: (i) con
tact you by email with the correct price or specification; and (ii) ask you to c
onfirm whether you would like to purchase the applicable products or services at
the correct price or specification. If applicable, we will also state the perio
d for which the offer or Price remains valid. If you choose not to complete you
r purchase at the corrected price or product specification, we will provide you
with a full refund for any amounts already paid by you.
4. Gifts:
Gifts purchased from EA may be purchased for, and redeemed by, only residents of
the same country as the purchaser. Gifts are completed transactions upon purch
ase. When you purchase a gift from EA, that transaction is between you and EA.
You receive the gift at the time of purchase, and you give your gift automatica
lly to your designated recipient.
5. Payment:
You may pay for your products and/or services either by credit card on our Websi
tes or by using the services of any alternate billing and payment provider ident
ified on the applicable Website.
If you pay for your products and/or services by credit card, then you must suppl
y your credit card details when you place your order. Your credit card will be
charged when we issue our purchase confirmation email. We will not supply any pr
oducts or services to you until your credit card issuer has authorized the use o
f your card for payment of the products and/or services ordered. For more infor
mation on our billing policies and procedures, please see our FAQs.
If you elect to use the services of an alternate billing and payment provider, y
ou will be bound by that third party's terms and conditions, which are available
on such party's website. You may be required to create an account with the alt
ernate provider, and to provide that provider with your bank account or credit o
r debit card details.
Costs associated with accessing our Websites and downloading software products d
epends on your Internet Service Provider. Please see your Internet Service Provi
der's terms and conditions.

6. Performance of the Contract:

Certain products and services will be available to you as soon as you complete y
our purchase. In some cases, we may also give you the opportunity purchase a li
cense for a software product prior to its scheduled release date. If you purcha
se a software license prior to the release date of the applicable software, a po
rtion of the software will be immediately downloaded onto your computer. On the
release date of the applicable software, your computer will automatically downl
oad the remaining portion of the software that is needed for you to install and
use the software. Our Websites will inform you which type of software product y
ou are purchasing. Our obligation to deliver the software product to you shall
be complete at such time as, and place where, you first receive either the downl
oaded product or physical product, as applicable.
If you have purchased services from us, your right to access the applicable serv
ices will commence immediately after we have sent our purchase confirmation emai
l.
In the event that EA disables products or services made available on the Website
, EA will give you 30-days' notice at http://www.ea.com/2/service-updates.
7. Refunds for Products and Services:
Subject to the following paragraph, there are no refunds for products or service
s purchased on our Websites.
If you reside in the European Union and you purchase a product or service on one
of our Websites, you have the right to withdraw from your purchase within fourt
een calendar days, commencing on the day after the date of purchase (the "Coolin
g Off Period"). If you reside in countries other than Germany you will lose your
right of withdrawal if you start downloading your product, or if you remove or
unseal the shrink-wrap packaging from your physical product, or if the performan
ce of our services has begun, before the end of the Cooling Off Period.
If you reside in Germany, the following applies: the Cooling Off Period does not
start before you receive your purchase confirmation email, and if you purchase
a physical product, not before you received the purchased physical product. If y
ou purchase a service and expressly consent to the service commencing, you will
lose your right of withdrawal once both parties' obligations are fulfilled befor
e the end of the Cooling Off Period. If you purchased a physical product, you wi
ll lose your right of withdrawal if you remove or unseal the shrink-wrap packagi
ng from your physical product.
Please note that if you purchase services from us, the performance of our servic
es will begin immediately after we have sent our purchase confirmation email.
To withdraw from your purchase within the Cooling Off Period, please visit suppo
rt.ea.com, log in to the Account used for your purchase and open the "Email Us"
tab on the left hand side of the screen. Complete the information in the "Email
Us" tab and, if possible, attach a copy of your purchase confirmation email usi
ng the "Attach Files" feature. If you withdraw from your purchase within the Coo
ling Off Period, we will refund the Price as soon as reasonably practicable, and
in any event within 30 days after the date that you exercise your right of with
drawal.
If you reside in Germany, the following applies: If you exercise your right of w
ithdrawal from the contract in accordance with these Terms, EA is entitled to cl
aim compensation for the services used up until the date of withdrawal and for d
amages of physical products that do not result from a regular testing of the pro
duct s features and functionality.

This Contract does not confer any rights or remedies upon any person other than
the parties to this Contract. You may also have additional rights under applicab
le law.
8. EA's Liability to You:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICE
S THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU AS IS, AND YOUR USE IS AT
YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS,
IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILIT
Y, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOM
E JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTI
ES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EA NOR ITS LICENSORS
OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE
GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PROD
UCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES, WHETHER ARISING IN TORT (IN
CLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SU
CH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL
EA S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAI
D BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT EA S
LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY C
AUSED BY EA S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CAN
NOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
9. Electronic Contracting:
You acknowledge and agree that by clicking the 'OK' (or similar) button when you
place your order, you are placing a legally binding offer. You consent to: (i)
the use of electronic communications in order to enter into contracts and place
orders with us; and (ii) the electronic delivery of notices, policies and recor
ds of transactions initiated or completed by you online. You have the right to
withdraw this consent, but if you do, we may cancel your access to our products
and services. If you do not consent to receive any notices electronically, you
must stop using our Websites. We may amend these Terms of Sale at any time by po
sting them on our Website. You agree to review them each time you make a purchas
e.
As long as you place orders with us online, you agree that you will have access
to the necessary software and hardware to receive electronic records from us in
connection with transactions initiated or completed by you online.
10. 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 Terms of Sale; and (ii) you express
ly agree that exclusive jurisdiction for any claim or action arising out of or r
elating Terms of Sale shall be the Courts of England, and you expressly consent
to the exercise of personal jurisdiction of such courts. If you reside elsewher
e: (i) the laws of the State of California, excluding its conflicts-of-law rules
, govern the Terms of Sale; and (ii) to the extent applicable pursuant to Sectio
n 11 below, you expressly agree that exclusive jurisdiction for any claim or act
ion arising out of or relating to the Terms of Sale shall be the federal or stat
e courts that govern San Mateo County, California, and you expressly consent (to

the extent applicable pursuant to Section 11 below) to the exercise of personal

jurisdiction of such courts in connection with any such dispute not precluded b
y Section 11 below including any claim involving EA or EA affiliates, subsidiari
es, contractors, vendors and content providers. Please note that your conduct ma
y 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 the Terms of Sale or to any dispute or t
ransaction arising out of the Terms of Sale.
11. 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 11.e, if we c
annot resolve our disputes informally and you are awarded a sum at arbitration g
reater than EA s last settlement offer to you (if any), EA will pay you 150% of yo
ur 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 loggin
g 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 satisfacti
on (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 res
olve any and all disputes between us. This provision applies to all consumers t
o the fullest extent allowable by law, but expressly excludes residents of Quebe
c, Russia, Switzerland and the Member States of the European Union. This agreem
ent is intended to be interpreted broadly. It covers any and all disputes betwe
en 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 ot
her legal theory;
(b) claims that arose before this Agreement or any prior agreement (including, b
ut not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation i
n 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 unautho
rized use;
3) In addition, nothing in this Agreement shall prevent either party from initia
ting a small claims court action.
By entering into this Agreement, you and EA expressly waive the right to a trial
by jury and to participate in a class action. With respect to this Section, Re
ferences to "EA," "you," and "us" include our respective subsidiaries, affiliate
s, agents, employees, predecessors in interest, successors, and assigns, as well
as all authorized or unauthorized users or beneficiaries of services or softwar
e under this or prior agreements between us. This Agreement evidences a transac
tion in interstate commerce, and thus the Federal Arbitration Act governs the in
terpretation and enforcement of this Section. This arbitration provision shall
survive termination of this Agreement.
A. Informal Negotiations/Notice of Dispute. You and EA agree to first attempt t
o resolve any Dispute informally before initiating arbitration. Such negotiatio
ns commence upon receipt of written notice from one person to the other ( Notice o
f Dispute ). Notices of Dispute must: (a) include the full name and contact infor

mation 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 se
nd its Notice of Dispute to your billing address (if you provided it to us) or t
o 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, ATTEN
TION: Legal Department.
B. Binding Arbitration. If you and EA are unable to resolve a Dispute through i
nformal negotiations within 30 days after receipt of the Notice of Dispute, eith
er you or EA may elect to have the Dispute finally and exclusively resolved by b
inding arbitration. Any election to arbitrate by one party shall be final and b
inding 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 comme
nced and conducted under the Commercial Arbitration Rules of the American Arbitr
ation Association ( AAA ) and, where appropriate, the AAA s Supplementary Procedures f
or 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 b
e excessive, or if you send EA a notice to the Notice of Dispute address above i
ndicating that you are unable to pay the fees required to initiate an arbitratio
n, 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 on
line. The arbitrator shall make a decision in writing, and shall provide a stat
ement of reasons if requested by either party. The arbitrator must follow appli
cable law, and any award may be challenged if the arbitrator fails to do so. Yo
u 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 enter
ed by the arbitrator.
C. 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) th
ere is no right or authority for any Dispute to be arbitrated on a class actionbasis or to utilize class action procedures; and (c) there is no right or author
ity for any Dispute to be brought in a purported representative capacity on beha
lf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BR
ING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT A
S A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDIN
G. Further, unless both you and EA agree otherwise, the arbitrator may not conso
lidate more than one person's claims, and may not otherwise preside over any for
m of a representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this dispute resolution/arbitration pr
ovision shall be null and void.
D. 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 p
ersonal jurisdiction of that court, in order to compel arbitration, to stay proc
eeding pending arbitration, or to confirm, modify, vacate or enter judgment on t
he award entered by the arbitrator.
E. Recovery and Attorneys Fees. If the arbitrator rules in your favor on the mer
its 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 writte
n 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 arb
itration 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 rea
sonably accrues for investigating, preparing, and pursuing your claim in arbitra
tion ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and reimb
ursement of fees, expenses, and the alternative payment and the attorney premium
at any time during the proceeding and upon request from either party made withi
n 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 r
ight it may have to seek an award of attorneys fees and expenses in connection wi
th any arbitration between us.