By signing this Agreement, I,
hereby agree to use all cereal grain seed (wheat and barley) licensed by Washington State University ("WSU") that I have purchased, am now purchasing, or will in the future purchase only to produce a single crop of non-seed commercial grain. (This Agreement applies only to WSU-licensed varieties and not to WSU varieties that were previously open-released.) This Agreement has an effective date of January 1, 2019 and shall remain in effect for (5) years from its effective date. Furthermore:
- I agree not to supply any of the purchased seed of WSU-licensed varieties to any other person or entity for planting, crop breeding, research, or seed production.
- I agree not to save any of the seed produced from this WSU-licensed seed for replanting or to supply it to anyone else for replanting.
- I understand and agree that the cereal grain varieties purchased under this Agreement are owned by WSU and, except for barley varieties Elise, Muir, and Lyon, are protected under the Plant Variety Protection Act. I acknowledge that the protected varieties, as well as Elise, Muir, and Lyon, are sold by a WSU-licensed seed supplier to me as certified class seed and that the crops grown from this seed may only be sold in normal commercial channels and not used as seed for replanting.
- I understand and agree that WSU-licensed Clearfield® wheat varieties (labeled with the variety name followed by the "CL+" designation after the name) require me to annually sign an additional and separate BASF Grower Stewardship Agreement. (The BASF agreement is available from seed suppliers and contains additional terms, conditions, and restrictions relating to the use of these varieties.) By signing this Agreement I also agree to annually sign and abide by the BASF Grower Stewardship Agreement.
- I understand that I only need to sign this Grower Use Agreement one time for any past, present, and future purchases of WSU-licensed seed. If I have signed an earlier grower agreement for an individual purchase of a WSU-licensed variety, I understand that I must sign this Grower Use Agreement, or the preceding version of this Grower Use Agreement, and that this will suffice for all future purchases of existing and new WSU-licensed varieties, for the duration of this Agreement.
- I agree that WSU does not waive any legal rights as the owner of the WSU-licensed varieties and WSU may pursue legal action in state or federal courts for any breach of this Agreement as well as any legal remedy to pursuant to 7 U.S.C §§2561 to 2583.