1. License Grant and Terms

Bushel Plus Software includes the source code, object code, program modules, feature sets and features that comprise any one or more of the following list: (a) software that has been supplied by or obtained from, directly or indirectly (i.e. including through third party app distributors, such as Apple’s App Store or Google Play), Bushel Plus-supplied software in respect of which Customer has paid the applicable license fees to, and/or has entered into this Agreement, including but not limited to the Bushel Plus App (referred to herein as “Non-Embedded Software”); (b) software that has been embedded in equipment that Customer obtained from Bushel Plus or an authorized Bushel Plus distributor or an authorized third-party hardware provider (referred to herein as “Embedded Software”); (c) Bushel Plus-supplied updates, upgrades, additions, modified or unmodified third-party software, intended to operate in association with Bushel Plus -developed software, or replacements that are subsequently embedded in or loaded onto the equipment, and which may include both Non-Embedded Software and Embedded Software; and (d) any executable on equipment that is in the control of Bushel Plus or its representatives and is, or provides an output that is, accessible by Customer. Your use of the Software is subject to the following terms:

  1. Credentials. Provide accurate information as may be required by the Software, including for log in purposes, and that you do not share your log in credentials with others and that if you lose or lose control of your log in credentials, you change them or notify Bushel Plus immediately.
    1. License Grant. Subject to payment of the applicable fees, if any, and the limitations, responsibilities and restrictions set forth herein, Bushel Plus grants to Customer a non-exclusive and non-transferable license, without right to sublicense, to use the Software solely in executable form only and solely for Customer’s internal business purposes, subject to the following use restrictions:
      1. Customer shall use Software solely for the purposes of (I) operating and using Bushel Plus Products as intended; or (II) interacting with or controlling third-party agricultural hardware as intended; or (III) analyzing or accessing your current and historical agricultural data for the sole purpose of optimizing combine settings;
      1. Customer shall use Embedded Software solely as embedded in, and for execution on, Bushel Plus Products, and not copy, remove, transfer, or attempt to copy, remove, or transfer, any Embedded Software therefrom;
      1. The paper or electronic user documentation that accompanies the Software and/or the particular licenses purchased by Customer may specify limits to Customer’s use of the Software.  Customer’s use of the Software shall be subject to all such limitations and purchase of all applicable licenses. 
      1. The foregoing license is not transferable or assignable by Customer.  No license is granted herein to any user who did not originally purchase the applicable license(s) for the Software from Bushel Plus or an authorized Bushel Plus reseller.  All rights not specifically granted herein are reserved by Bushel Plus. 
    1. Prohibited Uses. The license provided herein does not permit the Customer to, and Customer agrees that it shall not: (a) modify, unbundle, reverse engineer, or create derivative works based on the Software; (b) make unauthorized copies of the Software (except, for Non-Embedded Software only, as necessary for backup purposes); (c) rent, sell, transfer, or grant any rights in and to any copy of the Software, in any form, to any third party; (d) remove any proprietary notices, labels, or marks on or in any copy of the Software or any Product in which the Software is embedded; (e) distribute any copy of the Software to any third party, including as may be embedded in Bushel Plus Products sold in the second-hand market; (f) remove or copy Embedded Software from any Bushel Plus -supplied Product or other hardware, or otherwise use Embedded Software on any equipment that the Customer did not originally purchase or receive from Bushel Plus or an authorized Bushel Plus reseller or distributor; (g) break, hack, circumvent, avoid, bypass, remove, deactivate or impair any technological protection measure or digital rights management measure intended to prevent access or copying any Software; or (n) use the Software in any manner other than as expressly provided herein. The license granted to you hereunder, as well as any other licenses and benefits granted to you by Bushel Plus in this Agreement, is subject to, and conditional on, your continued compliance with this Agreement, including this section. Violation of any term or condition of this Agreement may, at Bushel Plus’s sole discretion, result in the immediate revocation and/or termination of this Agreement or some of its terms. You are responsible to maintain proper back-ups of all data stored in association with your Bushel Plus Software or resulting from Bushel Plus products.
    1. Limited Software Warranty. For any missing or non-operating Software that is due solely to an act or omission of Bushel Plus, we will repair or replace any such Embedded Software, or the applicable Product. This warranty shall not apply (i) to the extent that any Embedded Software is embedded in hardware that is already covered by an applicable Bushel Plus agreement which would result in the replacement or repair of the Embedded Software; or (ii) to the extent that execution of the Software is impaired due to unauthorized or prohibited use of the Software by Customer and/or use in association with equipment that was not provided by Bushel Plus or intended to be used with or interoperable with the Software in the course of Customer’s intended use of the Software; or (iii) to Non-Embedded Software. Bushel Plus’s and its suppliers’ entire liability and Customer’s exclusive remedy for any breach of the foregoing warranty shall be replacement of the Software, or if applicable, the defective media in which the Software is contained. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication of the Software, use in association with hardware that was not provided by Bushel Plus or an authorized provider, or if there has been any breach of this Agreement. Any replacement media will be warranted for the remainder of the original warranty period.
    1. EXCEPT AS NOTED ABOVE IN SECTION 1.d, THE SOFTWARE, INCLUDING EMBEDDED SOFTWARE AND NON-EMBEDDED SOFTWARE, AND ANY OUTPUT THEREFROM, IS PROVIDED “AS IS” AND BUSHEL PLUS MAKES NO WARRANTY AS TO ACCURACY, USE, SUITABILITY FOR ANY PURPOSE, OR PERFORMANCE. EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, BUSHEL PLUS, ITS SUPPLIERS AND AUTHORIZED DISTRIBUTORS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF ANY OF THEM, MAKE NO WARRANTY, CONDITION OR REPRESENTATION (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BUSHEL PLUS MAKES NO WARRANTY THAT THE SOFTWARE, OR ANY OUTPUT THEREFROM, WILL BE ERROR-FREE, FREE OF VULNERABILITY TO INTRUSION OR ATTACK, FIT FOR ANY PURPOSE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF BUSHEL PLUS, ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM (THE “PROTECTED PARTIES”) SHALL BE LIABLE FOR ANY OF THE FOLLOWING THAT MAY ARISE OUT OF THIS AGREEMENT OR THE USE OR FAILURE OF THE SOFTWARE OR ANY BUSHEL PLUS -SUPPLIED SOFTWARE (I) ANY CROP FAILURE, LOST CROPS, SUB-OPTIMAL CROP HARVESTING, DEVICE FAILURE, IMPROPER OR FAILED ANALYSIS OF BP DATA; (II) LOST PROFITS, LOST OPPORTUNITY, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE FOR DAMAGES ARISING FROM UNAUTHORIZED OR IMPROPER USE OF THE SOFTWARE, OR ANY BUSHEL PLUS-SUPPLIED SOFTWARE, OR FROM CUSTOMER’S USE OF THIRD-PARTY SOFTWARE INTEROPERABLE WITH THE SOFTWARE. IN NO EVENT SHALL THE PROTECTED PARTIES’ OR ANY OF THEIR SUPPLIERS’ OR LICENSORS’ LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED $100 (US).
  2. Data Policies

Provision of the Services requires that Bushel Plus access or collect certain data from your Bushel Plus Products in order to meet the Purpose. This data may related to your specific Bushel Plus Product, the data collected therefrom relating to grain loss and combine harvester settings and other information (referred to as “BP Data”). BP Data may be stored locally on a device in your possession, although Bushel Plus reserves the right to store such information remotely. To the extent that such information is stored remotely, and subject to the Privacy Policy, you agree that we may, access and use your BP Data as specified below, in order to meet the Purposes, and to develop and improve our Products, Software, and services. The use for which Bushel Plus uses BP Data includes (the “Permitted Purposes”): (a) To anonymize and/or aggregate your BP Data; (b) To perform our services and meet the Purposes; (c) To improve the Products, Software, and services (e.g. through performing research or analysis); (iv) To create new data based on your BP Data, including through combining or comparing your BP Data with third party data; (v) Modify, store, copy, remove, and display your BP Data as the foregoing purposes may require. You may request portable access to your BP Data at any time as long as you maintain an active account with Bushel Plus. In some circumstances, your BP Data may not be retrievable in its original format. In some cases, BP Data may be solely saved on your device. If you lose/change your device, or the app crashes or otherwise ceases to function, you may lose your saved BP Data. You are responsible to make appropriate back-ups for BP Data whether saved on your device or remotely/centrally by Bushel Plus.

  • Intellectual Property
    • All your BP Data remains your intellectual property.
    • With respect to the BP Data that we may collect from you and use for the Permitted Purposes, you hereby agree that (i) Bushel Plus shall own all records of such BP Data, and all new data based thereon or derived therefrom, in our possession or control and Bushel Plus may use, disclose, and transfer such BP Data and data based thereon or derived therefrom at its sole and unfettered discretion; and (ii) if and to the extent required, You grant Bushel Plus a royalty-free, non-exclusive, worldwide and irrevocable license, right, and consent, such license, right, and consent being transferrable or sublicensable to any Affiliate of Bushel Plus, to collect, store and copy the BP Data, create new data based thereon, and use it for the Permitted Purposes.