THIS TRIAL AGREEMENT is between the University of Florida Board of Trustees, a public body corporate of the State of Florida, on behalf of the Florida Agricultural Experiment Station ("FAES") and you, hereinafter referred to as "Cooperator".
BY CLICKING THE "ACCEPT" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Definitions. "Research Materials" means the tomato seed provided by FAES, including all plant parts and any modifications to the germplasm that may be created by Cooperator.
FAES owns the Research Materials and all intellectual property rights that are associated with the Research Materials.
Cooperator may use Research Materials only for Cooperator's non-commercial trial.
Cooperator may not use the Research Materials in any plant breeding activity or any other form of plant variety improvement.
Cooperator may not commercialize, sell, license, or otherwise distribute the Research Materials or any intellectual property rights in Research Materials.
Cooperator assumes all risks in handling and use of the Research Materials.
FAES MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RESEARCH MATERIALS ARE PROVIDED "AS IS," AND FAES DOES NOT WARRANT THAT THE USE OF THE RESEARCH MATERIALS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
Cooperator shall comply with all applicable local, state, and federal rules, regulations, and laws in relation to its use of the Research Materials.
Cooperator may not assign or otherwise transfer this Agreement or any rights or obligations in this Agreement to any third party without the prior express written permission of FAES.
The parties shall resolve disputes regarding or related to this Agreement through good faith negotiations. This Agreement is governed by the laws of the State of Florida. Parties shall bring any dispute regarding this Agreement that is not resolved through good faith negotiations before a court of competent jurisdiction in Gainesville, Florida.
This Agreement is the entire agreement between the parties regarding its subject matter. If any provision of this Agreement is invalid or unenforceable, the validity or enforceability of the remaining provisions of this Agreement is not impaired. This Agreement is binding on the parties and their respective successors.