The Last of Us Part I

EULA evaluation of The Last of Us Part I
  • Overall Score: 53

  • Readability: 14
  • Data and Privacy: 14
  • Player Rights: 13
  • Changes to EULA: 14
  • Liability and Disputes: 12
  • Criteria Score Detail
    Clarity of Language 3 The language is generally clear but **certain sections** may contain jargon or vague terms, making it difficult for users to fully grasp some of their rights.
    Text Structure and Formatting 4 The EULA is **well-organized** with clear headings and subheadings. Important sections are broken down, making the document easy to navigate, though **some minor points** might still be unclear.
    Length and Conciseness 2 The EULA is relatively long, with **some unnecessary information** that feels like filler. It’s difficult for users to distinguish the critical parts from the less relevant sections.
    User-Friendly Explanations and Examples 3 Some key terms are explained, and **limited examples** are provided, but the majority of the EULA assumes users understand the legal concepts being used.
    User-Friendly Explanations and Examples 2 A summary is provided, but it is **overly simplistic** and **does not capture the key terms**. Users still need to read the full document to understand important details.

    Criteria Score Detail
    Scope of Data Collection 2 The company collects excessive data (e.g., biometric data, browsing history) or tracks user activities across platforms without clear consent or the ability to opt out.
    Data Sharing with Third Parties 3 The company shares data with a variety of third parties (e.g., advertisers, marketing partners) without clear or detailed disclosure on how it’s used.
    User Control over Data 2 Users have little to no control over their data, with no meaningful options to opt out of tracking, prevent data collection, or request deletion.
    Retention and Security of Data 3 The company retains data for extended periods without clear user control. Security practices are adequate but may expose data to unnecessary risks.
    Monetization of Data 4 The company may use data for in-service personalization but does not sell or extensively share data with advertisers or other third parties for profit.

    Criteria Score Detail
    Ownership of Purchased Content 2 Users are granted **limited ownership** but cannot transfer or resell the content. There are significant restrictions, meaning users have some rights but not full control.
    Refunds and Cancellation Rights 3 The EULA provides **some refund options**, such as within a short window (e.g., 7 days), but may involve restrictions like restocking fees or conditions that make refunds less accessible.
    Right to Play 2 The right to play is tied to server availability or online status, and while access can be **limited or revoked**, some protections may exist for short periods of downtime. However, long-term guarantees are lacking.
    Fair Use and Modding Rights 3 The EULA permits **some user-generated content** or modding, but with significant restrictions (e.g., only for single-player or specific non-competitive environments).
    Intellectual Property and User-Generated Content 3 Users retain **ownership of their UGC**, but the company may still have the right to use it for marketing or community purposes. The terms are not overly aggressive but may limit how users can commercialize their content.

    Criteria Score Detail
    Notification of Changes 3 Users are **notified of changes** through passive methods (e.g., in-app notifications or banners) but not necessarily in a clear or timely manner. Users may notice changes only after they have already been implemented.
    Consent to Changes 3 Users are given the option to **accept or reject** the new terms, but continued use of the service after a certain period automatically implies acceptance, giving users a limited window to act.
    Impact of Changes 2 Major changes are made, but the company provides **minimal highlights**, leaving users to sift through the EULA to find how their rights or obligations have changed. The impact can still be harmful, as important updates are easily missed.
    Accessibility of Changes 3 The updated EULA is presented with **some explanation**, but it may still include legal jargon that is difficult to understand. Prior versions may be available, but the comparison between old and new terms is not user-friendly.
    Opt-out Option 3 Users can opt out of certain changes but may still lose some functionality or access to specific features of the service. No refunds or compensation are offered, making opting out less attractive.

    Criteria Score Detail
    Are liability limitations reasonable or overly restrictive? 3 The company provides **some limited protection** but still disclaims most liability for major issues, leaving the user to bear most risks. The terms may offer limited legal recourse, but users still have minimal rights.
    Is there a cap on the company’s liability, and is it reasonable? 2 The liability cap is **very low**, offering **minimal compensation** for damages or losses, even in significant cases. The user is left with little recourse in the event of serious problems.
    Does the EULA require arbitration or provide court access? 2 Arbitration is required, and **court access is blocked**, but some transparency is provided regarding the process. Users still face **significant hurdles** in resolving disputes.
    Is there a clear process for dispute resolution? 3 The dispute resolution process is **outlined**, but the details are complex or difficult for a typical user to follow. Some steps are clear, but overall the process remains **hard to navigate** without legal assistance.
    Is class-action participation allowed? 2 Class actions are **waived**, and users must resolve disputes individually, but there are **some alternatives**, such as small claims court. Users still face **significant obstacles** to collective action.