Really sad seeing people so eager to just give away their freedoms. Fair use is very much under attack here... the best case from a consumer view would be a ruling like the iPhone jailbreak, and a further limitation/exemption to the draconian DMCA. Also, if manufacturers want that UELA to be so binding, it should have to be signed at the point of sale and witnessed (by the retailer).
If Nintendo were pulling this sort of bullshit, I'd have nothing but terrible things to say about them. Some of you can't see the forest for the trees.