SESACO SEED LIMITED USE LICENSE AND RESTRICTIONS

ACCEPTANCE OF AGREEMENT

These terms and conditions, together with the Sesaco Planting Seed Commercial Terms available at https://sesaco.com/ps-terms, 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 Sesaco sesame seeds or any material grown therefrom ("Seed") constitutes acceptance of this Agreement. If You do not agree, return the unopened package in accordance with the Sesaco Planting Seed Commercial Terms.

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").

Same-season agronomic replant eligibility, if any, is governed by the Sesaco Planting Seed Commercial Terms.

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.

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 for crushing, food, or feed use, and shall not be used for planting, propagation, research, or breeding.

Grower shall not knowingly sell or transfer harvested material to any party that Grower has reason to believe intends to use or resell the material for planting, propagation, or seed purposes.

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 without limitation:

- crop insurance filings,

- Farm Service Agency (FSA) acreage reports and government program documentation,

- receipts and records from third-party seed conditioners, cleaners, or processors,

- grain sales receipts and elevator records.

Grower hereby authorizes relevant third parties and government agencies, including the Farm Service Agency, crop insurance providers, seed conditioners, and grain buyers, to release such records and documentation directly to Sesaco upon Sesaco's request.

Failure to provide requested documentation, or to authorize third-party release of such 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 and remedies 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.

In the event of breach of Section 2 (Prohibited Uses) or Section 5 (Commercial Grain Use Only), Sesaco may recover, in addition to all other remedies:

- a reasonable royalty for the unauthorized use of Sesaco's intellectual property,

- Sesaco's lost profits attributable to the breach,

- disgorgement of Grower's profits attributable to the unauthorized use,

- and all investigative costs, expert fees, and reasonable attorneys' fees,

all to the maximum extent permitted by law.

For the avoidance of doubt, any limitation of damages set forth in the Sesaco Planting Seed Commercial Terms limits Grower's remedies against Sesaco and does not limit Sesaco's recovery for Grower's breach of this Agreement.

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

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of Texas, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement may be obtained from the state commissioner of agriculture.

Where Seed is sold in other states that require arbitration, mediation, or conciliation as a precondition to legal action, Grower agrees to comply with those state 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.