Common use of Acknowledgement of Proprietary Rights Clause in Contracts

Acknowledgement of Proprietary Rights. Licensee acknowledges Plant Select® proprietary rights hereunder, and that certain proprietary rights are trade secrets of Plant Select®. Licensee agrees not to do, or to suffer to be done, any act or thing which would impair the proprietary rights and trade secrets of Plant Select®. Licensee agrees to protect the intellectual property, proprietary rights, and trade secrets of Plant Select® in the same manner and with the same degree of diligence with which Licensee would protect its own intellectual property rights, proprietary rights, and trade secrets. It is understood that Licensee, including any parent or subsidiary of Licensee, shall not acquire, nor shall claim, any title or right that is adverse to the proprietary rights of Plant Select® by reason of the license granted to the Licensee hereunder. Further, Licensee agrees that all results/outcomes from any manipulation of licensed plants, including without limitation, mutagenic, tissue culture, molecular or cellular techniques, conducted during the term of this Agreement must be reported to Plant Select® in writing and shall be owned exclusively, and without question, by Plant Select®. All results/outcomes from such manipulations shall be maintained by the Licensee until instructions for handling are received from Plant Select®. Plants sent to Licensees labeled or designated as trial plants are not to be sold nor their genetics used for hybridization in any way without prior written consent from Plant Select®. Additionally, Licensee agrees that all selections conducted upon the licensed plants are and shall be the sole property of Plant Select®. Licensee shall not have the right to sublicense or otherwise use or transfer any rights of Licensee to any Licensed Plant, unless specific arrangements are made in writing with Plant Select®.