Important Legal Information
LIMITATION OF WARRANTIES AND 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,
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 grown 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 herbicides 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 suppliers’, distributors’ or dealers’ 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 indirect, 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.
STINE and the Stine Trifoliate Logo are a registered trademark of Stine Seed Farm, Inc., Adel, IA.
© 2024 STINE SEED COMPANY
04/11/2024
IMPORTANT NOTICE: CORN USE RESTRICTION
One or more of the parental lines used to produce this hybrid seed is licensed to Licensee. Licensee grants to buyer, a limited, non-exclusive, non-transferable right to use the product licensed hereunder for the sole purpose of production of grain and/or forage for feeding or processing. Buyer agrees that buyer is not acquiring any rights to use the hybrid or any parental line(s) that may be unintentionally contained herein for purposes other than production of grain and/or forage for feeding or processing. Buyer shall not reproduce or transfer said hybrid or parental line(s), nor subject them (nor the pollen or any other plant part) to any breeding, biotechnology process, gene editing, or any other genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques. The parental line(s) may also be protected under trade secret laws. Buyer further agrees, that under these trade secret rights, any parental seed and the genetic material contained herein is confidential and must be maintained in confidence. Export of the hybrid and parental line(s) is prohibited. Unless accepted on the foregoing terms, Buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
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: tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage:
cs.bayerpatents.bayer.com.
XtendFlex® Soybeans
No dicamba may be used in-crop with seed with Roundup Ready® Xtend Technology, unless and until approved or specifically permitted, and no dicamba formulations are currently registered for such use in the 2024 season. Please follow https://www.roundupreadyxtend.com/pages/xtendimax-updates.aspx for status updates.
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.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 products with XtendFlex® Technology.
Products with XtendFlex® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Plants that are not tolerant to glyphosate, dicamba, and/or glufosinate may be damaged or killed if exposed to those herbicides. Contact your seed brand dealer or refer to the Bayer Technology Use Guide for recommended weed control programs.
Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Plants that are not tolerant to glyphosate may be damaged or killed if exposed to those herbicides. RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready®, VT Double PRO® and DroughtGard® are registered trademarks of Bayer Group.
DroughtGard® Hybrids with RIB Complete® corn blend the refuge seed may not always contain DroughtGard® Hybrids trait.
Roundup Ready 2 Xtend®, Roundup Ready 2 Yield® and XtendFlex® are registered trademarks of Bayer Group. LibertyLink logo® and LibertyLink® are trademarks of BASF Corporation. ©2024 Bayer Group. All rights reserved.
B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.
IMPORTANT IRM INFORMATION: Certain products are sold as RIB Complete® corn blend products, and do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. Products sold without refuge in the bag (non-RIB Complete) require the planting of a structured refuge. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements.
Enlist E3® Soybeans
The transgenic soybean event in Enlist E3® soybeans is jointly developed and owned by Corteva Agriscience and M.S. Technologies, L.L.C. ™ ® Enlist, Enlist E3, the Enlist E3 logo, and Colex-D are trademarks of Corteva Agriscience and its affiliated companies.
Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.
Enlist E3 soybeans were jointly developed and owned by Corteva Agriscience 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 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 Corteva Agriscience technologies can be found at the following webpage: www.corteva.us/Resources/trait-stewardship.html.
Excellence Through Stewardship (ETS)
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, Corteva Agriscience’s product launch process for responsible launches of new products includes a long-standing 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 PowerCore® Enlist®, PowerCore® Enlist® Refuge Advanced®, Enlist® Corn - REFUGE and Enlist E3® traits are protected under one or more U.S. patents which can be found at www.traitstewardship.com. The purchase of this traited seed includes a limited license to produce a single crop in the United States. The use of seed from such a crop and/or the progeny thereof for propagation or seed multiplication or for production or development of a hybrid or different variety of seed is strictly prohibited. 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 Corteva Agriscience Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including the Herbicide Resistance Management (HRM), and Use requirements.
To plant PowerCore Enlist, PowerCore Enlist Refuge Advanced, Enlist Corn - REFUGE and Enlist E3 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 a 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.
Following burndown, Enlist Duo® and Enlist One® herbicides with Colex-D® technology are the only herbicides containing 2,4-D that are authorized for preemergence and postemergence use with Enlist® corn and soybeans. Consult Enlist® herbicide labels for weed species controlled. Enlist Duo and Enlist One herbicides are not registered for use or sale in all states and counties; are not registered in AK, CA, CT, HI, ID, MA, ME, MT, NH, NV, OR, RI, UT, VT, WA and WY; and have additional subcounty restrictions in AL, GA, TN and TX, while existing county restrictions still remain in FL. All users must check “Bulletins Live! Two” no earlier than six months before using Enlist One or Enlist Duo. To obtain “Bulletins,” consult epa.gov/espp/, call 1-844-447-3813, or email ESPP@epa.gov. You must use the “Bulletin” valid for the month and state and county in which Enlist One or Enlist Duo are being applied. Contact your state pesticide regulatory agency if you have questions about the registration status of Enlist® herbicides in your area. 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. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USE IN THE STATE OF APPLICATION. USE OF PESTICIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, 2,4-D-CONTAINING PRODUCTS NOT AUTHORIZED FOR USE WITH ENLIST CORN AND SOYBEANS, MAY RESULT IN OFF-TARGET DAMAGE TO SENSITIVE CROPS/AREAS AND/OR SUSCEPTIBLE PLANTS, IN ADDITION TO CIVIL AND/OR CRIMINAL PENALTIES. Additional product-specific stewardship requirements for Enlist crops, including the Enlist Product Use Guide, can be found at www.traitstewardship.com.
Syngenta Corn Traits
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 Viptera®, Artesian®, Duracade®, DuracadeViptera™ and Viptera® are trademarks of a Syngenta Group Company. HERCULEX® and the HERCULEX Shield are trademarks of Corteva Agriscience LLC. LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of BASF.
More information about 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, post emergent weed control of Liberty® herbicide for optimum yield and excellent weed control.
Corn trait technology incorporated into these seeds is commercialized under license from Syngenta Seeds, LLC. HERCULEX® technology incorporated into these seeds is commercialized under license from Corteva Agriscience LLC.
