PURE LINE SEEDS TERMS AND CONDITIONS

NOTICE:   Read this entire Limited License Agreement before buying or using seed (“Seed”) from Pure Line Seeds, Inc. (“Pure Line”).

THIS IS A LEGAL CONTRACT WHICH SPECIFIES THE TERMS OF THE LIMITED LICENSE AGREEMENT BETWEEN YOU, THE BUYER OR USER (together known as “USER”) AND PURE LINE FOR THE LIMITED USE OF PURE LINE’S SEED.

IMPORTANT: If you, your employees, or anyone acting on your behalf buys or uses  Seed from Pure Line, you acknowledge that you have been given notice of this Limited License Agreement and that you agree to its terms.  You may not buy or use Seed unless you so agree.  If you are unwilling to agree with any of the terms or conditions of this Limited License Agreement, return the Seed to Pure Line, at once, unopened, and the purchase price will be refunded.

Intellectual Property Interest: Pure Line has a proprietary interest in the Seed as a result of registration under the Plant Variety Protection Act and/or information contained in the genetic materials of the seed.  Pure Line offers Seed for sale, now and in the future, subject to the terms of this Limited License Agreement.  The purchase price of this Seed represents a license fee for the limited use of the intellectual property interests Pure Line has in the Seed.  Under this Limited License Agreement, you may use the Seed for the sole purpose of producing a single vegetable crop.  This Limited License Agreement grants you no right to, and you will not: (a) identify, analyze, sequence, or otherwise gain access to any genetic or other confidential information embodied in or relating to the Seed; (b) use such information for any purpose or use the Seed for any purpose not authorized in this Limited License Agreement; or (c) sell, disclose, transfer, or give the Seed or information to any third party.

Notice Arbitration/Conciliation/Mediation Required by Several States: Under the seed laws of several states, ARBITRATION, CONCILIATION, or MEDIATION is required as a prerequisite to maintaining a legal action against a seller of seed based upon the failure of seed, to which this notice is attached, to perform as represented.  Please consult your state department of agriculture as soon as you learn of the facts upon which a claim is to be based and before any legal action is initiated.  Failure to follow this procedure could limit your legal rights or limit the amount of damages you may be able to recover, depending on the law of your state.  NOTICE OF BINDING ARBITRATION:  In addition to the mandatory arbitration required by several states, User, and Pure Line agree that any claim or civil action of any nature arising out of or relating to the performance or quality of this Seed shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Warden, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Disputes concerning or related to the Limited License Agreement associated with this Seed, or concerning or related to intellectual property rights of Pure Line in or related to this Seed, or claims or causes of action brought by Pure Line against the User for failure to pay for this Seed, are not subject to this NOTICE OF BINDING ARBITRATION.

Disclaimer of Warranties and Limitations of Liability:  Pure Line warrants that the Seed conforms to the description on the label, subject to legally recognized tolerances.  PURE LINE MAKES NO OTHER EXPRESS WARRANTY.  PURE LINE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  To the extent permitted by state and federal seed law, all Pure Line brand seeds are sold as is.  User’s exclusive remedy and Pure Line’ sole liability for loss or damage arising from the purchase or use of Pure Line’s seed shall be an amount equal to the price paid for the seed.  USER MAY NOT RECOVER ANY AMOUNT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF YIELD AND AMOUNTS EXPENDED IN USING OR GROWING SUCH SEED, OR FOR HARVESTING THE PRODUCE OF SUCH SEED.  THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.  User agree that if Pure Line refunds an amount equal to the price User paid for Pure Line’s seed, this limitation of liability will not have failed of its essential purpose.