Grower Licensing
Cultivar
Sublicense
Terms and conditions for commercial growers purchasing CBC strawberry cultivars.
California commercial nurseries ("Nursery") are licensed by California Berry Cultivars, LLC ("CBC") to propagate, sell, and distribute Clones of Cultivars and related Intellectual Property ("IP") to commercial strawberry growers, only for commercial fruit production. Sales by the Nursery are subject to that License, which includes the right to sublicense commercial growers to use the IP for commercial fruit production only.
Sublicense Terms
License Grant
Nursery may grant nonexclusive sublicenses in the Licensed Field in the Licensed Territory, without the right to further sublicense, solely to Commercial Growers for a single season of Production pursuant to the License.
Patent Protection
Grower is aware that the Cultivars are subject to Patent and that said Patent reserves to the patent holder, CBC, a broad range of activities that CBC may restrict others from carrying out.
Grower Restrictions
By the purchase of Clones, Grower recognizes and understands that it cannot, and will not:
- • Further propagate the Clones, or use the Clones in any way to produce more identical Clones
- • Sell, offer for sale, exchange, lease, donate or make available to any third party, any seeds, cuttings, buds, shoots, mutations or sports of any CBC Clones
- • Sell, resell, trade or give away any of the Clones
- • Crossbreed or modify any of the Clones, or otherwise perform any experimentation, research, or product development using the Clones
- • Use the Clones in violation of any applicable law, regulation, rule, or industry standard
- • Use the Clones or any IP to develop, research, commercialize, market or sell products similar to or based on the Cultivar
Intellectual Property
No rights, licenses, or sublicenses are granted by CBC to Grower under any tangible or intellectual property, materials, patents, patent applications, plant variety protection certificates, trademarks, copyrights, trade secrets, know-how, technical information, or other proprietary right owned or controlled by CBC.
Full Agreement
Download the complete Cultivar Sublicense Agreement for all terms and conditions.