I'm quite certain you can't disclaim implied warranties in some states. And either way there's a good argument to be made that you can't "sign away your rights

I'm quite certain you can't disclaim implied warranties in some states. And either way there's a good argument to be made that you can't "sign away your rights" in this regard without EA providing some concrete 'consideration' in return, even in states where you can waive right to implied warranty. You paid $60 for something (i.e. the game), and until you have a working game EA hasn't provided any consideration in return.