Grapes with licensing agreement

Via Boing Boing comes this marvel of legal wackiness. The plastic bag containing grapes has the text:

The recipient of the produce contained in this package agrees not to propagate or reproduce any portion of the produce, including (but not limited to) seeds, stems, tissue and fruit.

I suppose that the sellers are trying to make an analogy with shrinkwrap licenses. The result, if the text on the bag is upheld in court, would mean that any attempt to grow new grapes from the content of the bag is in violation of the “license” (for the want of a better word). Violating a contract does not mean automatically that the seller or producer can recieve damages so what is left? If you manage to grow something from this bag you will have to give back the original grapes? Its all too confusing.

photo: Grapes with an EULA by dasmart (CC by-nc-nd)

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