Non-Exclusive Photo License Agreement

This Non-Exclusive Photo License Agreement ("Agreement") is entered into on this day of October 17, 2024 by and between Sweetish and/or Sweetish Wholesale, located at 278 Granite Run Dr. Lancaster, PA 17601 ("Licensor"), and any verified customer of Sweetish and/or Sweetish Wholesale ("Licensee"), who has been approved by the Licensor for the use of the photograph(s) under the terms of this Agreement.

1. Grant of License

Licensor hereby grants Licensee a non-exclusive, non-transferable, and limited license to use the provided photograph(s) ("Photos") solely for the following purposes:

- Advertising (digital or print)

- Merchandising (digital or print) 

2. Restrictions on Use

Licensee agrees that:

- The Photos may only be used for the specific purpose(s) outlined in this Agreement.

- The Photos are not to be resold, transferred, or sublicensed to any other party.

- The Photos may not be used for any illegal activity or in a manner that infringes upon the rights of others.

- For any paid advertising, including but not limited to blogs, magazines, podcasts, videos, social media ads, and online advertisements, the source must be credited as "Photo courtesy of Sweetish" in a clearly visible and appropriate manner.

3. Term of License

This license is granted for an indefinite period unless revoked by the Licensor for any violation of this Agreement or upon termination as outlined in Section 7.

4. Intellectual Property Rights

Licensor retains all ownership rights to the Photos, including all copyrights and intellectual property rights. This Agreement does not transfer any ownership of the Photos to the Licensee.

5. Warranty

Licensor warrants that it has the full right and authority to grant the license contained in this Agreement. However, Licensor makes no other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

6. Termination

Licensor reserves the right to terminate this Agreement if Licensee breaches any terms of this Agreement. Upon termination, Licensee shall cease all use of the Photos and delete all copies in their possession.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to its conflict of law principles.

8. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, and agreements between the parties.

Acknowledgment and Agreement

By accessing our website and/or purchasing any product or service from us, you agree to engage with our “Service” and accept the following non-exclusive photo licensing agreement (“ Non-Exclusive Photo Licensing Agreement” or “Licensing Agreement”). This Licensing Agreement, along with any additional terms, conditions, or policies referred to herein, apply to all users of this site. This includes but is not limited to browsers, vendors, customers, merchants, and content contributors.