SESACO SEED LIMITED USE LICENSE AND RESTRICTIONS

ACCEPTANCE OF AGREEMENT

READ THESE TERMS CAREFULLY BEFORE OPENING OR USING THIS PACKAGE OF SEED.

The terms and conditions below, together with the restrictions located at https://sesaco.com/restrictions, constitute a legally binding Limited Use License Agreement (“Agreement”) between Sesaco Corporation (“Sesaco”) and the purchaser, grower, and any affiliated farming entity (“Grower,” “You,” or “Your”).

Opening, handling, planting, transferring, or otherwise using these sesame seeds or any material grown therefrom (“Seed”) constitutes acceptance of this Agreement.

If You do not agree, immediately return the unopened package to an authorized Sesaco dealer for refund.

1. LIMITED LICENSE

Sesaco grants Grower a limited, non-exclusive, non-transferable license to plant the Seed solely for the production of one commercial crop within the country of purchase, or as otherwise expressly authorized in writing by Sesaco (“Authorized Territory”).

This Agreement applies regardless of whether the Seed or any trait contained therein is protected by:

  • patent,

  • plant variety protection,

  • trademark,

  • trade secret,

  • contractual rights,

  • or any other intellectual property protection.

All rights not expressly granted are reserved by Sesaco. No rights are granted by implication, estoppel, or otherwise.

2. PROHIBITED USES

Except as expressly authorized in writing by Sesaco, Grower shall not:

  • Save, retain, replant, or transfer harvested seed for planting.

  • Use Seed or harvested material for breeding, research, reverse engineering, genetic analysis, DNA sequencing, genomic analysis, molecular profiling, or similar analytical methods.

  • Produce, condition, multiply, or distribute Seed for propagation purposes.

  • Transfer Seed or harvested material for planting to any third party.

  • Develop or assist in developing any variety, germplasm, or line derived from the Seed.

Grower acknowledges that Sesaco’s breeding methods, genomic data, marker systems, and related proprietary information associated with the Seed constitute confidential Trade Secrets of Sesaco.

3. DERIVATIVE MATERIAL

“Derivative Material” includes, without limitation:

  • progeny,

  • selections,

  • hybrids,

  • mutants,

  • segregating populations,

  • extracted traits,

  • genetic material,

  • or any plant material containing genetic characteristics derived from the Seed.

All Derivative Material constitutes proprietary material of Sesaco and remains subject to this Agreement.

4. CONFIDENTIAL AND PROPRIETARY STATUS

Grower acknowledges that Sesaco’s breeding methods, genomic data, marker systems, performance characteristics, and related information associated with the Seed constitute confidential proprietary information and Trade Secrets of Sesaco.

Unauthorized use or disclosure may cause irreparable harm.

5. COMMERCIAL GRAIN USE ONLY

Harvested material may be sold solely as commercial grain or for consumption purposes and shall not be used for planting, propagation, research, or breeding.

6. TERRITORY AND TRANSFER RESTRICTIONS

Seed may not be exported, transferred, planted, or otherwise used outside the Authorized Territory without prior written consent from Sesaco.

These restrictions apply globally and survive movement of Seed or harvested material across borders.

7. AUDIT, INSPECTION, AND RECORDS

Grower grants Sesaco or its designee the right, upon reasonable notice, to:

  • inspect fields,

  • sample crops,

  • review relevant farm records, including crop insurance filings and government program documentation.

Failure to provide requested documentation within thirty (30) days may constitute breach of this Agreement.

8. INTELLECTUAL PROPERTY INDEPENDENCE

Restrictions under this Agreement apply independently of any patent, plant variety protection certificate, or other statutory intellectual property right.

Unauthorized use may constitute:

  • breach of contract,

  • misappropriation of proprietary information,

  • and infringement where applicable.

9. REMEDIES

In addition to all rights available at law or equity:

  • Sesaco shall be entitled to injunctive relief without additional proof of irreparable harm.

  • Sesaco may recover investigative costs, attorneys’ fees, expert fees, and court costs.

  • Remedies apply globally to the extent permitted by law.

10. GOVERNING LAW AND VENUE

Any dispute relating to Seed or this Agreement shall be exclusively adjudicated in:

  • the Circuit Court of Travis County, Texas, or

  • the United States District Court for the Western District of Texas, Austin Division.

Grower consents to jurisdiction and venue.

11. NOTICE OF REQUIRED ARBITRATION

Applicable state seed laws may require arbitration, mediation, or conciliation prior to legal action. Grower agrees to comply with applicable state arbitration requirements.

12. DISCLAIMER OF WARRANTIES

EXCEPT AS SPECIFICALLY STATED ON THIS PACKAGE, SESACO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITATION OF DAMAGES

Grower’s exclusive remedy shall not exceed the purchase price paid for the Seed. Sesaco shall not be liable for special, incidental, consequential, or punitive damages.

Download Seed Use Restrictions File