Parties Involved
Seller: Coseytown Flowers LLC
Buyer: Original purchaser of the Product
Definition of Product
The Product shall herein be defined as the plant, rootstock, and asexually replicable plant materials of Coseytown dahlia cultivars. Examples of asexual plant reproduction include tuber division, tuber cuttings, leaf cuttings, tip cuttings and tissue culture methods. Conversely, growing dahlias from seed is a form of sexual plant reproduction.
The Product as defined shall not include dahlia seed derived from the Product.
The Product as defined shall not include cut flowers (‘blooms’) as they are commonly understood and derived from the product except to the extent that plant materials found therein are used as an asexual plant propagation material source.
Terms of Acceptance
The Buyer agrees to purchase the Product from the Seller according to the following terms:
- The Seller provides the Product to the Buyer for the permitted uses of gardening, landscaping, exhibition, commercial or non-commercial cut flower production, cut flower sales and floral work.
- Permission to propagate the Product is provided only to the Buyer solely for their own continued permitted use of the Product; this permission is non-transferable.
- The Buyer agrees that they will not reproduce the Product via any means of plant propagation in order to sell the Product or reproductions of the Product. Plant propagation includes, but is not limited to, tuber division, tuber cuttings, leaf cuttings, tip cuttings and tissue culture methods.
- The unauthorized sale, resale or distribution of the Product is prohibited.
- The Seller, as the originator of the Product, reserves the rights to serve as exclusive licensor for the propagation and distribution of the Product.