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Nintendo is Trying to Stop You From Filing Lawsuits Against Them With New EULA Amendment
(insider-gaming.com)
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There's a good chance that clause won't hold up in court, but proving that would require a lot of time and money.
Exactly why they put it. You would first need to win a trial to get the clause voided and then win another trial to get actual damages or you can go to arbitration and get a modest settlement. Most people will take the latter.