Terms Of Use: Data Ownership & Confidentiality

West Central Distribution (“Company”) owns and retains all right, title and interest in and to all data and information related to participating “P Challenge” grower’s field operations and crop production generated during the Term with respect to the enrolled trial fields, which data and information includes but is not limited to, as-planted and as-applied, yield, spray application and irrigation data and maps, regardless of how such data or information is collected, stored or aggregated and regardless of its form (“Company Data”). No right or license to the Company Data is granted or implied as a result of this Agreement, except as expressly set forth in this Agreement. Company Data does not include data or information that identifies grower or the trial field including, without limitation, grower’s name, address or user name in any digital application, the name(s) of the field(s) associated with the trial field or any data or information related to grower’s equipment used in performing the grower’s obligations hereunder (collectively, “Grower Data”).

During the Term and subject to the terms and conditions set forth in this Agreement, Company hereby grants grower a limited, personal, revocable, non-transferable, non-sublicensable, and royalty-free license to use the Company Data, including use in any digital agriculture product grower may use as part of grower’s ordinary farming operations, solely in connection with grower’s obligations under this Agreement. Following the expiration of the Term, grower may continue to use the Company Data in its possession, but solely for grower’s personal farming operations, and not for any competitive purpose or in any way directly or indirectly detrimental to Company or its affiliates.

Grower may be asked by Company to provide certain historical information and data relating to the trial field to Company or its affiliates, including but not limited to, historical commercial yield maps, fertility data, equipment information and other field specific information (the “Grower Historic Data”).

Grower owns and retains all right, title and interest in and to the grower Data and any grower Historic Data. Grower hereby grants Company and its affiliates a license to use the grower Data and grower Historic Data to aid in the performance of the Parties’ obligations hereunder. Neither Company nor its affiliates shall share nor disclose any grower Data or grower Historic Data to an unaffiliated third party without express written consent from grower; provided, however, that Company or its affiliates may share grower Data or Grower Historic Data among itself and its affiliates.

If grower uses an online software product (such as the Climate FieldView™ software platform) to collect, store, process or input Company Data, grower hereby grants consent for the operator or owner of such online software product to share such Company Data with Company or its affiliates. If grower uses an online software product (such as the Climate FieldView™ software platform) to collect, store, process or input grower Data or grower Historic Data, grower hereby grants consent for the operator or owner of such online software product to share such grower Data and grower Historic Data with Company or its affiliates for use solely as expressly permitted hereunder. Grower acknowledges and agrees that Company or its affiliates may share a copy of this Agreement with the operator or owner of such online software product in order to validate such consent.

Grower hereby acknowledges that grower may, from time to time, receive imagery, maps, recommendations and/or reports related to custom prescriptive agronomic information related to grower’s farming operations generated from Company Data (“Generated Data”). Any such Generated Data relating to the Contract Acreage constitutes Company Data and, as between grower and Company. Because such Generated Data has been developed from information that may be developmental and/or experimental in nature, neither Company nor its affiliates guarantee the accuracy, integrity or quality of such reports and recommendations and as such, utilization of such reports and recommendations should involve discussions with Company representatives.

Confidentiality. Company Data, Generated Data and other information Company provides grower is privileged and confidential information that grower may not share with others or use for purposes other than as permitted in this Section. However, grower may share such data and information with a grower's spouse, a grower's parents, siblings, and children of the age of majority if these persons are partners, shareholders, officers, agronomic advisors, or directors of grower's agricultural operations, accountants, attorneys, bankers, financial institutions, farm managers, trusts or trust beneficiaries, or the partners, officers, or directors of grower's agricultural operations but only if grower requests each of these persons to treat the data and information as privileged and confidential. Grower and anyone that grower shares such Company privileged or confidential information with will continue to treat any such data and information as proprietary and confidential information following termination of this Agreement. Grower will be responsible for any breach of this confidentiality provision by any person that grower shares such data or information with.