Important Legal Information
LIMITATION OF WARRANTIES & DAMAGES — SEED USE RESTRICTION AGREEMENT
This Seed Use Restriction Agreement (the “Agreement”) applies to all users (“User(s)”) of the seed (“Seed”) contained in this package. If you purchase the Seed, you agree that you and any person or entity, including employees, representatives, contractors and agents thereof, who plant, grow, cultivate or otherwise use the Seed, will abide by these use restrictions. If you open or cause any person or entity to open a package of Seed, you agree that you accept the terms of this Agreement, and you, your employees, representatives, contractors and agents will abide by these use restrictions.
SEED USE AGREEMENT
STINE SEED COMPANY (“STINE”) and its suppliers are engaged in the business of developing and supplying for sale various varieties and/or hybrids of Seed. STINE and its suppliers have a substantial investment and expended substantial effort in the development and production of this seed, and in the use of subsequent production of Seed. STINE and its suppliers have existing contractual relationships with other distributors for the sale of seed and expectations of additional contracts for sale of seed from such distributors in the future. The purchase of the Seed includes a limited license to produce a single crop under STINE property rights, including where applicable certain U.S. patents which can be found on the package and seed tags.
In consideration of the foregoing, and in consideration of the Seed that User has been sold or otherwise granted the right to use, User hereby acknowledges and agrees that the production from the Seed will be used only for feed or processing, and unless USER has an agreement for such purposes, Seed and plants produced from Seed will not be used or sold for seed, breeding, or any variety or hybrid development or improvement purposes; these restrictions apply to all plants produced from Seed, including without limitation variant and inbred plants and Seed that may be contained in this package or grow from Seed. User acknowledges STINE and its suppliers have a proprietary interest in the use of subsequent production from the Seed and agrees it would be a violation of this Agreement to allow the subsequent production of the Seed to be used to create any seed variety or seed product from said production. Any export of this Seed or its progeny from the country of purchase is strictly prohibited, except that forage or grain may be exported solely for use in feeding or processing.
User agrees and acknowledges that any use of the Seed, which is forbidden by this Agreement will constitute a misappropriation of the property of STINE and its suppliers and will therefore result in a breach of this Agreement. User agrees that STINE and/or its suppliers may bring an action to recover damages as a result of the breach of this Agreement, along with reasonable attorney fees and costs associated with any action commenced in regard thereto. User further agrees that the exclusive venue for any dispute arising under this Agreement or in connection to any breach thereof shall be in the federal or state courts for Dallas County, Iowa, and hereby irrevocably consents to the personal jurisdiction of such courts. This Agreement shall be governed under the laws of the State of Iowa.
User agrees and acknowledges that any use of the Seed, which is forbidden by this Agreement, will damage STINE and its suppliers’ legitimate expectation of future sales of seed, and any use of Seed in violation of this Agreement will constitute an attempt to intentionally injure or destroy STINE and its suppliers’ prospective business expectations in future sales of seed.
User agrees and acknowledges that any use of Seed from STINE in violation of this Agreement will cause substantial damage to STINE and/or its suppliers, and that if subsequent production of the Seed is used to create a seed variety or seed product, substantial damage to STINE and or its suppliers for all seed varieties or seed products thereby created will be caused. This Agreement shall not limit any other rights, legal or equitable, that STINE and its suppliers have but shall be accumulative.
User agrees to only use agricultural herbicide that are expressly labeled for use in conjunction with the Seed and have received government approvals as specified in a product use guide.
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of several states arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to produce as represented. The consumer shall file a complaint along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seller from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.
OTHER TERMS & CONDITIONS
For sale in the U.S. only. STINE assumes no responsibility for STINE‘s supplier’s, distributor’s or dealer’s verbal and/or written claims, promises, warranties or actions which are contrary to STINE’s normal operating policies. USER must notify STINE within fourteen (14) days of becoming aware of alleged issues regarding the quality or performance of the Seed.
LIMITATION OF WARRANTIES & DAMAGES
STINE warrants, to the extent of the purchase price and to the extent that the packaging and label have not been compromised, that the Seed is as described on the package and on the tag attached thereto within recognized tolerances. STINE gives no other WARRANTY, expressed or implied, of MERCHANTABILITY or FITNESS of the Seed for any particular purpose, nor any warranty against loss due to any cause, including environmental conditions, soil conditions, chemicals or farming practices, or the response of the Seed to any such conditions. STINE shall not be liable for incidental or consequential damages, including loss of profits. STINE’S LIABILITY for damages for any cause, including breach of contract, breach of warranty, and negligence, with respect to the sale of seed is LIMITED to the purchase price of the Seed. THIS REMEDY IS EXCLUSIVE. BY ACCEPTANCE OF THIS SEED OR OPENING THIS PACKAGE, USER ACCEPTS THE TERMS HEREIN. IF USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, USER MUST RETURN THE ORIGINAL UNOPENED SEED PACKAGE TO STINE WITHIN TWENTY DAYS OF RECEIPT AND USER’S SOLE REMEDY SHALL BE FOR REFUND OF THE USER’S ORIGINAL PURCHASE PRICE. STINE may modify and amend the terms and conditions of this Agreement without notice and in its sole discretion.
STINE has utilized standard industry isolation and purity procedures in the production of seed products. Because of contamination factors beyond STINE’s control, STINE cannot warrant or represent that STINE seed products are free of other transgenic corn traits or transgenic soybean traits. Words and phrases herein shall be construed as in the singular or plural number, according to the context.
STINE and the Stine Trifoliate Logo are a registered trademark of Stine Seed Farm, Inc., Adel, IA.
© 2021 STINE SEED COMPANY — 05/19/2020
Bayer Product Support receives calls and letters each year about potential seed compliance matters. Anyone with a concern or question can anonymously call 1-800-768-6387.
Seed containing the XtendFlex® traits can only be used to plant a single commercial crop. It is unlawful to save and replant XtendFlex® soybeans. Additional information and limitations on the use of this product are provided in the Technology Stewardship Agreement and the Bayer Technology Use Guide: https://tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage: http://www.monsantotechnology.com.
Bayer is a member of Excellence Through Stewardship® (ETS)
Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Commercialized products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.
XtendFlex® Soybeans contains MON 87708, MON 89788 and A5547-127. XtendFlex® technology provides crop safety for over-the-top applications of labeled glyphosate herbicides, labeled dicamba herbicides, and labeled glufosinate, when applied according to label directions.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. It is a violation of federal and state law to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend® soybeans or products with XtendFlex® Technology. Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Products with XtendFlex® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your seed brand dealer or refer to the Bayer Technology Use Guide for recommended weed control programs.
Acceleron®, Roundup Ready 2 Yield®, Roundup Ready® and XtendFlex® are registered trademarks of Bayer Group. Liberty®, LibertyLink® and the Water Droplet Design® BASF corporation.
Enlist E3® Soybeans
™®Enlist, Enlist E3, Enlist Duo, Enlist One and the Enlist Logos are trademarks of The Dow Chemical Company (“Dow”) or DuPont, and their affiliated companies or respective owners. Enlist E3 soybeans were jointly developed and owned by Dow AgroSciences and M.S. Technologies, L.L.C. Enlist Duo and Enlist One herbicides are not registered for sale or use in all states or counties. Contact your state pesticide regulatory agency to determine if a product is registered for sale or use in your area. Enlist herbicides are the only 2,4-D products authorized for use in Enlist crops. Always read and follow label directions.
Enlist E3® soybean seeds containing the Enlist® trait can only be used to plant a single commercial crop. It is unlawful to save and replant Enlist E3® soybeans. Additional information and limitations on the use of these products are provided in the Corteva Agriscience Technology Use Agreement and Enlist® Soybean Product Use Guide. U.S. patents for Dow AgroSciences technologies can be found at the following webpage: www.corteva.us/Resources/trait-stewardship.html.
Corteva Agriscience is a member of Excellence Through Stewardship® (ETS)
Corteva Agriscience products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with the Corteva Agriscience policies regarding stewardship of those products. In line with these guidelines, our product launch process for responsible launches of new products includes a longstanding process to evaluate export market information, value chain consultations, and regulatory functionality. Growers and end users must take all steps within their control to follow appropriate stewardship requirements and confirm their buyer’s acceptance of the grain or other material being purchased. For more detailed information on the status of a trait or stack, please visit www.biotradestatus.com.
Seeds containing the Enlist, Herculex and PowerCore traits are protected under numerous US patents. Seeds containing patented traits can only be used to plant a single commercial crop and cannot be saved or replanted. You acknowledge and agree to be bound by the terms and conditions of the following documents in effect at the time of planting of this seed: (i) the Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including the Herbicide Resistance Management (HRM), and Use requirements detailed therein (www.corteva.us/Resources/trait-stewardship.html). To plant Enlist, Herculex and PowerCore seed, you must have a limited license from Corteva Agriscience (or other appropriate affiliates). In consideration of the foregoing, Corteva Agriscience grants to the Grower the limited license to use its technology to produce only a single commercial crop in the United States under the terms and conditions set forth in the Technology Use Agreement in effect at the time of planting of this seed. Always read and follow herbicide label directions prior to use: Enlist® products contain the Enlist trait that provides crop safety for use of labeled over-the-top applications of glyphosate, glufosinate and 2,4-D herbicides featuring Colex-D® technology when applied according to label directions. Following burndown, the only 2,4-D containing herbicide products that may be used with Enlist® crops are products that feature Colex-D technology and are expressly labeled for use on Enlist crops. 2,4-D products that do not contain Colex-D technology are not authorized for use in conjunction with Enlist products.
LibertyLink® GT27® Soybeans
LibertyLink® GT27® soybeans offer triple stack tolerance to Liberty, glyphosate, and, in select counties specified on the label, the first HPPD based herbicide for soybeans—Alite™ 27. Other HPPD herbicides not labeled for use with LibertyLink GT27 or isoxaflutole-resistant soybeans may cause significant crop injury. Alite 27 herbicide is only available for use in labeled counties.
Always read and follow label directions. Alite 27 is a restricted use herbicide. Alite, Liberty, and LibertyLink are registered trademarks of BASF. GT27 is a trademark of M.S. Technologies, L.L.C. and BASF. MS Technologies is a trademark of M.S. Technologies, L.L.C. ©2020 BASF Corporation / M.S. Technologies, L.L.C. All Rights Reserved. APN 20-INT-0014.
Important: Always read and follow label and bag tag instructions; only those labeled as tolerant to glufosinate may be sprayed with glufosinate ammonium based herbicides. Agrisure®, Agrisure Artesian®, Artesian™, Agrisure Duracade®, Agrisure Viptera® and E-Z Refuge® are trademarks of a Syngenta Group Company. HERCULEX® and the HERCULEX Shield are trademarks of Dow AgroSciences, LLC. LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of BASF.
More information about Agrisure Duracade® is available at http://www.biotradestatus.com/.
Seed products with the LibertyLink®(LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, postemergent weed control of Liberty® herbicide for optimum yield and excellent weed control.
Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, LLC. HERCULEX® technology incorporated into these seeds is commercialized under license from Dow AgroSciences, LLC.