The whole idea of the EULA making you waive your rights is moot at best. In many States/Countries an EULA (particularly one which attempts to waive major things like that) would not be enforceable anyway. It all depends how antagonistic the judge is to Defendant or Plaintiff whether he will rule it legal or not. Many would not. Some would.
EULAs are a bit of a joke anyway - remember one of the classic clauses? It basically ran, "By inserting this disc in an optical reader drive, you hereby agree to be bound by all terms and conditions herein; also any future updates the publisher may choose to make to this EULA without notification." or the even more classic, "By using this software you grant Google a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services."
I'd like to see EA get kicked down for this - much like I would like to see Sony kicked down for their similar trick. Likelihood of it happening? Not far off zero, sadly. Too many fanboys or people that go, "Eh, doesn't matter to me."
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