They added the clause to the E.U.L.A. when TTK released specifically requiring you to agree not to sue them.
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in my country they call that a joke. not sue the ... haha .... but us law and society is strange .... 10% of us people go in jail in life ... haha ...
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EULA does not allow them to falsely advertise, which is what this would constitute. EULA is not Captain America's shield, protecting them from anything, they still have to abide by the law.
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Do you have a link?