What is the 'Customer Data' that Aerus owns and maintains?

We own and maintain a database of customer information (the "Customer Data"). We may make available for use by you on a limited, non- exclusive basis, that part of the Customer Data which is pertinent to the Area of Responsibility, subject to your strict accord and compliance with the terms and conditions of the Franchise Agreement, the Manuals, the Policies and Procedures and any specific guidelines we may impose from time to time concerning collection, maintenance and use of the Customer Data. We may charge you a fee for access and use to the Customer Data which is pertinent to your Area of Responsibility. All such rights and licenses will automatically terminate upon the expiration or termination of the Franchise Agreement, and you must then return to us any printed or virtual item or material containing or bearing any of the Customer Data. All rights to and goodwill in the Customer Data are solely and exclusively the property of us. Nothing in the Franchise Agreement gives you any right in or to any of the Customer Data, except as specifically provided in the Franchise Agreement. You may not, for yourself or together with any other person or entity, challenge our right, title or privilege in or to the Customer Data. You must do such acts or things, as may, in our reasonable opinion, be necessary or advisable to protect and monitor the integrity of the Customer Data.

• 1. During the Term of the Franchise Agreement, you must actively and diligently maintain, use, update, correct and supplement the Customer Data. You must update the Customer Data immediately upon completion of any sale or customer contact, must regularly review the Customer Data and take such action as may be appropriate based on the Customer Data, and must otherwise use the Customer Data for marketing, lead generation, sales and recruiting purposes in accordance with the System and our procedures concerning such activities. You must not use the Customer Data, or permit the Customer Data to be used, for any purpose except the operation of the Franchised Business.
• 1. All rights in, and license of, the Customer Data granted under the Franchise Agreement are nonexclusive and, in addition to those rights described elsewhere in the Franchise Agreement, we and our affiliates retain all rights concerning the Customer Data not expressively granted in the Franchise Agreement, including, without limitation, the rights to: (1) terminate your access to and right to use some or all of the Customer Data; (2) grant other licenses for use of all or any portion of the Customer Data, including any portion relevant to the Area of Responsibility; (3) develop systems and procedures to capture, store, manipulate, organize, sort and report the Customer Data and to require you to implement and utilize such systems and procedures; and (4) use the Customer Data in order to engage, directly or indirectly, at wholesale, retail or otherwise, in the distribution or sales of products and services, including, the Products.

Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)