WestBred Wheat Single-Use License Agreement (Limited-Use Variety)

WESTBRED WHEAT SINGLE-USE LICENSE AGREEMENT (LIMITED-USE VARIETY)

 

1. GROWER LICENSE

The Letter, form, bag and/or tag accompanying the seed may contain important information regarding patent and Plant Variety Protection certificate notices, and other rights and restrictions, which information is incorporated herein by reference. Grower is advised that this Agreement applies only to Seed of the WestBred® brand cereal grain varieties designated by Monsanto in a published list for the year of the purchase. The list of varieties covered by this Agreement may be published by Monsanto electronically or in print and may be updated, at Monsanto’s sole discretion, from year to year.

2. GROWER RESPONSIBILITIES

Grower agrees to:

(a) Acquire seed only through WestBred authorized seed suppliers (associates or dealers); and (b) Use seed solely for planting and producing a single crop and not to save any grain produced from seed for planting by grower or any other person or entity; and

(c) Not supply, transfer, license or sublicense seed to any other person or entity for planting or any other purpose; and

(d) Ensure that seed, grain produced from seed or any plant material from seed is not used for crop breeding, research, generation of registration data or seed production (unless grower has entered into a valid, written production agreement with a WestBred authorized seed supplier); and

(e) Provide, upon request by Monsanto, evidence of final disposition of the crop that is produced.

3. GENERAL PROVISIONS

(a) The grower’s rights may not be transferred to anyone other than a duly authorized agent of grower without written consent of Monsanto.

(b) If grower intentionally breaches this Agreement, in addition to Monsanto’s other remedies, grower’s rights under this Agreement will terminate immediately, and grower will no longer have the right to purchase seed. Any obligations that arose before termination will remain in effect.

(c) Grower agrees that Monsanto shall be entitled to recover any costs or expenses, including reasonable attorney fees, it incurs in enforcing its rights under this Agreement.

(d) If any provision(s) of this Agreement is/are determined to be void or unenforceable, the remaining provisions shall remain in full force and effect.

(e) This Agreement is governed by the laws of the State of Missouri and of the United States. The parties agree to consent to the jurisdiction of the U.S. District Court for the Eastern District of Missouri for issues arising under this Agreement.