APPLICABLE TO USE OF WEBSITE AND PRODUCTS

• Welcome to our website. Read the following terms in their entirety.
  
• The Hazera Genetics website is intended to provide introductory general information only, of such type and depth to make it unsuitable to place any commercial reliance thereon. Do not take business decisions on the basis of the information or data contained in this website as it may be inaccurate and/or incomplete and/or not up-to-date and/or inapplicable. Read further below the important limitations that apply to presented content and to the use of Hazera Genetics' products.
  
• The following terms and limitations are legally binding on any user of this website and on any user of products (seeds and others) sold or otherwise provided by or on behalf of Hazera Genetics.

ACCEPTANCE & CHANGE OF TERMS
Use of this website and/or of products of Hazera Genetics ("Hazera") indicates your unconditioned acceptance of the entirety of these terms and limitations. If you do not agree with any term, do not use this website and Hazera products. Hazera may revise these terms without notice and, for this reason, please access and read this page every time you visit our website. Use of this website after change to its terms indicates acceptance of the revised terms. The current version of these terms is from March 16, 2006.

COPYRIGHTED CONTENT
All content in this website (whether in the form of text, photographs, graphics, logos or otherwise) is proprietary and copyrighted according to applicable laws and treaties. All product names and all slogans are trademarks of Hazera (or of its affiliated parties) even where the TM sign does not appear near them. You should assume that any use you make of content appearing in this website will constitute breach of a right belonging to Hazera and/or to a third party, as a consequence of which you may be prosecuted and/or sued. No part of the content may be downloaded, displayed, reproduced, transformed, translated, transmitted or otherwise used or exploited in any manner and for any purpose unless the prior written consent of Hazera's General Counsel has been obtained. Where such consent was given then, unless this section is expressly referred to and expressly overridden in such consent, the permitted use includes ONLY noncommercial private purposes, whereby all other limitations described above and in applicable laws continue to apply.

NO WARRANTY FOR PRODUCT-RELATED INFORMATION
The information contained in any form in this website presents average results of past research and observations done by or for Hazera on varieties grown in optimal conditions. Appearance, traits (inc. resistance/tolerance levels) and characteristics of actual yield, as well as varietal performance in a particular case and/or with the passage of time, may be different TO A GREAT DEGREE than presented in this website due to numerous factors such as environmental conditions (permanent or transient), growing practices, genetic changes and developments, undetected defects, inexplicable phenomena and more. "Resistant" or "tolerant" varieties are not immune and, in addition, for various reasons, resistance or tolerance may wane or break and loss of yield to any degree may occur. IT IS CLARIFIED THAT HAZERA MAKES NO REPRESENTATION AND GIVES NO WARRANTY RESPECTING THE VARIETIES OR ACTUAL PERFORMANCE OR YIELD. HAZERA EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Reference to sowing times, climate suitability etc. is not to be taken as advice or recommendation but merely as general information, the applicability of which should be verified by the user independently of Hazera in the chosen area, year and season. Pictures and sketches are for illustrative purposes only and are not of product. Read the applicable limitations of warranty and liability before using Hazera's products; these limitations appear collectively below, on seed packages and on printed materials.

LIMITATIONS APPLICABLE TO USE OF PRODUCTS
Hazera seeds and varieties are used subject to the following terms and limitations:
Seeds’ moderate price reflects the following terms. By opening the seed package or using Hazera seeds you express your ACCEPTANCE of the entirety of these terms. If you don’t accept or understand any term, return the unopened package within 21 days of receipt thereof for full refund.
Hazera produced these seeds to meet its high standards. Yet, the performance of seed & variety depends on numerous factors (e.g. environment, crop management, storage, undetected defects) and is NOT ASSURED, hence seeds’ price forms a very small fraction of the potential yield-associated income to the user. YOU AGREE THAT:

• All benefits, as ALL RISKS, associated with the use of the seeds are exclusively assumed by user/buyer. If commercial use is intended, user should obtain insurance against unsatisfactory results.
  
• Except as printed on the seed package to meet seed law requirements (which printed data refer to the seeds at the time of their sale from Hazera and not necessarily thereafter and are merely statistical) and subject to tolerances established by law or practice, HAZERA DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY TECHNICAL ADVICE, FREEDOM OF SEEDS FROM SEED-BORNE DISEASES AND GMO AND INCLUDING AS REGARDS MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  
• USER’S/BUYER’S EXCLUSIVE REMEDY FOR ANY LOSS, EXPENSE OR DAMAGE RESULTING IN CONNECTION WITH HAZERA SEEDS IS LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE SEEDS USED. IN NO EVENT WILL HAZERA OR ANY OF ITS AUTHORIZED SELLERS BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE UNDERLYING LEGAL THEORY.

Complaints must be accompanied by the seed package and be reported to Hazera promptly to allow inspection of field, package & seeds. Failure to comply will prejudice all claims. Seeds may be used only to produce a single crop. The saving or selling, for seed purposes, of any harvested product is strictly prohibited, as alteration of seed or use in breeding.
YOU MUST PROVIDE WRITTEN NOTICE OF THESE TERMS TO ANY SUBSEQUENT USER OF SEEDS IN YOUR POSSESSION AND/OR OF PLANTS GROWN THEREFROM, failing which you will be liable to defend, hold harmless and indemnify Hazera from and against any claim asserted by any such user.
Other price & liability limits may be agreed in writing ONLY. Each of the above terms shall be enforced to the maximum extent permitted by law.

NO OFFER FOR SALE
No offer for sale is made by or through this website. This website may refer to items that are not available and/or registered and/or suitable and/or permitted for use in your country. For information on these and similar matters please apply in writing only to Hazera's Head of Sales Division.

ACCESS AT YOUR OWN RISK
You access and use this website and included content at your own risk. Hazera disclaims all warranties including, without limitation, as regards merchantability, fitness for a particular purpose, title, non-infringement, availability and/or security of access. Hazera specifically shall not be liable for any damage to your computer or equipment, whether as a result of electronic viruses, other harmful components or otherwise. You agree that neither Hazera nor any person or body related to it shall have any liability to you under any theory of liability or indemnity in connection with your use of this website. You hereby irrevocably release and waive any and all claims you may have against Hazera or any person or body related to it (whether in contract, negligence or otherwise) for losses or damages you may sustain in connection with your use of this website.

LIMITATIONS UNDER SOME LAWS
It may be the case that local law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such case, some of the limitations or exclusions in these terms may not apply to you. However, in no event shall Hazera's total liability to you for damages, losses and any causes of action under any legal theory exceed the direct amount paid by you, if any, for accessing this site or in buying the specific Hazera's product in reliance (in whole or in part) on specific content presented in this website, according to the higher of which.

INDEMNIFICATION
You agree that you are personally responsible for your conduct respecting this website and/or content appearing in this website. You further agree to indemnify and hold Hazera and any person or body related to it harmless from and against any damage, cost, expense or liability of any kind whatsoever (including legal expenses and attorney's fees) that any of them may incur in connection with a third party claim or complaint that is based in whole or in part on your use of this website or content appearing in this website.

LINKING & CONTENT CHANGE
Linking to this website is strictly prohibited unless Hazera has granted its prior written consent. Where such consent was given then, unless this section is expressly referred to and expressly overridden in such consent, the consent is withdrawable at any time and, in any event, is limited to linking only to the homepage of this website. Links appearing in this website are provided as a courtesy only. Hazera does not endorse or recommend sites or content linked to this website and is not responsible in any way therefor. Hazera may change or delete content from this website at its discretion and without prior notice.

INFORMATION SENT FROM USERS
We will treat as non-proprietary, non-confidential and as freely available for any use and exploitation (including, without limitation, publication and commercial use) any communication, material, data, advice or other content that you send to us via this website, by e-mail or otherwise regardless of any unilateral indication to the contrary.

FORWARD-LOOKING STATEMENTS
It may be the case that this website contains forward-looking statements. These statements are merely predictions about future events, which may or may not materialize. There are many risks, uncertainties and unknown or unexpected developments that can take place and cause the predictions contained in the forward-looking statements not to materialize at all. You must not place any reliance on forward-looking statements; you should specifically make yourself acquainted with Hazera's filings to the Tel Aviv Stock Exchange (TASE).

INVALIDITY OF TERMS
If any provision of these terms is found invalid or unenforceable then it shall be replaced with a new provision maintaining to the greatest possible extent the benefit expressed in such provision. In any event, the remainder of these terms shall remain effective.

THESE TERMS ARE SUPREME
Your attention is drawn to the fact that you may NOT consider any statement, declaration or conduct by Hazera or anyone acting on its behalf as derogating from or diminishing the effect of anything stated in these terms, be such statement, declaration or conduct express or implied, in oral form or in writing, unless Hazera expressly refers in writing to these terms and advises you in writing which of these terms is waived or overridden and to what extent and scope.

NO WAIVER
Hazera will not be deemed to have waived any right or remedy by reason of any conduct, omission, delay or statement; waiver shall be effective only if expressly made by Hazera in writing and duly signed by its authorized signatories. Waiver of any right or remedy in one case shall not be deemed waiver of such or other right(s) or remedy(ies) in any other case.

APPLICABLE LAW & EXCLUSIVE JURISDICTION
These terms shall be construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles. You and Hazera agree that any dispute concerning use of this website or content appearing in this website, AS WELL AS ANY ACTION OR PROCEEDING QUOTING OR REFERRING TO ANY CONTENT APPEARING IN THIS WEBSITE, shall be exclusively adjudicated by the courts of Tel Aviv-Jaffa, Israel, to the jurisdiction, forum and venue of which you agree without any reservation.