What does the Licensee acknowledge about the Aerus Software and Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
As between Licensor and Licensee, all copies of the Software and the Documentation, including any produced by Licensee with Licensor's consent, are and will remain Licensor's sole and exclusive property during and after the term of this Software License. Licensee acknowledges and agrees that Licensor may secure all or any part of the Software or the Documentation from Licensor's Affiliates and/or other third party licensors. Licensee agrees to
execute and deliver to Licensor any further contracts, agreements, reports and/or other documents Licensor requires.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Licensee acknowledges and agrees that all copies of the Software and Documentation, including any produced by the Licensee with Aerus's consent, are and will remain Aerus's sole and exclusive property during and after the term of the Software License. The Licensee also acknowledges that Aerus may obtain the Software or Documentation from its affiliates or third-party licensors.
This means that even if the franchisee creates copies of the software or documentation with Aerus's permission, Aerus retains full ownership. This is a standard practice in franchising to protect the franchisor's intellectual property. The franchisee's rights to use the software and documentation are limited to operating their Aerus franchise.
Furthermore, the franchisee agrees to execute and deliver any further contracts, agreements, reports, or other documents that Aerus requires. This clause provides Aerus with the flexibility to request additional documentation from the franchisee related to the software and documentation, ensuring compliance and control over its proprietary assets. Prospective franchisees should be aware of these conditions and prepared to adhere to Aerus's requirements regarding the use and documentation of the software.