LIBERTYLINK® SOYBEANS
THE FOLLOWING TERMS AND CONDITIONS COMPRISE A CONTRACTUAL AGREEMENT ("AGREEMENT"). These seeds are protected under the following U.S. patent no. 7,112,665, and may also be subject to other intellectual property rights. The conditional purchase of these seeds does not convey a license under said patents to perform a method covered by these patents or to use these seeds in any way, even to produce an initial crop; provided however upon signing a Bayer CropScience ("BAYER") Grower Trait License Agreement You may obtain such a limited license for planting the seeds to produce a single initial commercial crop only (the "Grower Trait License Agreement").
GROWER: means the purchaser of this seed bag and all persons acting on his behalf (hereinafter GROWER is sometimes referred to individually as "You").
GROWER TRAIT LICENSE AGREEMENT: Prior to planting and as a condition of purchase, You must obtain, read and sign the Grower Trait License Agreement. If You have not already done so, You may obtain a copy of the Grower Trait License Agreement from an authorized BAYER retailer or seed dealer from whom You purchased this seed or a BAYER sales representative. You must sign the Grower Trait License Agreement and obtain a License before using these seeds in any manner. The sale, offering for sale, exchange, delivery, transfer, import, or export of these seeds is prohibited without written express authority from BAYER.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES:
EXCEPT AS SPECIFICALLY STATED ON THIS BAG FOR LIBERTYLINK SOYBEANS, BAYER MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND BAYER SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. BAYER DISCLAIMS ANY LIABILITY WHATSOEVER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO THE USE OR HANDLING OF THESE SEEDS. THE EXCLUSIVE REMEDY OF THE GROWER AND BUYER AGAINST BAYER FOR ANY AND ALL LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE USE OR HANDLING OF THESE SEEDS, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID. BY OPENING THIS BAG AND PLANTING THIS SEED YOU HEREBY AFFIRM THAT YOU (OR YOUR FARM OPERATOR/OWNER):
- Have signed a Grower Trait License Agreement;
- Agree to comply with all the terms and conditions of the Grower Trait License Agreement (including but not limited to the Trait and Technology Management Manual obligations set forth in said Grower Trait License Agreement) and this Agreement;
- Have received, read and accept the Bayer Trait and Technology Management Manual;
- These soybean seeds or any soybean seeds recovered from plants grown from the seeds contained in this bag shall be used one time only for planting for commercial grain production and shall not be used, sold, transferred, or otherwise distributed to others for planting for seed production purposes, research purposes, and/or used for reproductive or any breeding purposes;
- Agree BAYER may enforce the prohibitions of this limited license in any court, and shall recover all its investigative and court costs, including attorney and expert fees, in any action to enforce this limited license or any of its intellectual property rights in this seed;
- Agree in addition to other rights or remedies available, BAYER shall be entitled to injunctive relief against GROWER and buyer without the necessity of proving irreparable harm;
- Allow BAYER to examine and copy any records including but not limited to U.S. Department of Agriculture Farm Service Agency, crop insurance, etc. and any and all receipts that could be relevant to GROWER's performance under this Agreement.
- If BAYER reasonably believes a GROWER has saved and planted any LiberyLink soybean seed, BAYER may request documentation that confirms GROWER has planted authorized, purchased soybean seed. If appropriate documentation is not provided within thirty (30) days, GROWER grants BAYER the right to inspect fields and take samples to determine if saved soybean seeds have been planted. BAYER will provide GROWER advance notice of any inspections and such inspections will be performed during regular working hours so the GROWER may be present if desired.
ARBITRATION CLAUSE FOR CLAIMS MADE BY GROWER:
UNDERSTAND AND AGREE ANY CLAIM OR ACTION MADE OR ASSERTED BY A GROWER (OR ANY OTHER PERSON CLAIMING AN INTEREST IN GROWER'S CROP) AGAINST BAYER OR ANY OTHER SELLER OF LIBERTYLINK SOYBEAN SEED ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SALE OR PERFORMANCE OF LIBERTYLINK SOYBEAN SEED MUST BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE HEARD IN THE CAPITAL CITY OF THE STATE OF THE GROWER'S RESIDENCE OR ANY OTHER PLACE AS THE PARTIES MUTUALLY AGREE.
LIBERTYLINK® SOYBEANS
Bayer CropScience LP, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. Always read and follow label instructions. Bayer, the Bayer Cross, Liberty Herbicide, LibertyLink and the Water Droplet Design are registered trademarks of Bayer. Liberty is not registered in all states. For additional product information call toll-free 1-866-99-BAYER (1-866-992-2937) or visit our Web site at www.BayerCropScienceUS.com.
