Is an Aerus licensee allowed to remove or alter any copyright notices included in the Software or Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Licensee must use the Software and the Documentation only in the operation of Licensee's Franchised Business at the Approved Locations. Licensee may not modify, copy, translate, or reproduce in any form all or any part of the Software or the Documentation without Licensor's prior written consent, and in such event solely to the extent required for use of the Software and the Documentation in the operation of Licensee's Franchised Business. Any copies made under Licensor's direction must include any proprietary notices Licensor may request, including the statement "Copyright © AERUS FRANCHISING, LLC." Licensee must not make the Software or any Documentation available to any party except as described herein. Licensee must not, nor will Licensee allow any third party to, reverse engineer, decompile or otherwise recreate the Software or to reproduce or disclose any portion of the Documentation.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, a licensee is not permitted to alter or remove copyright notices from the software or documentation. The agreement specifies that licensees may not modify, copy, translate, or reproduce the software or documentation without Aerus's prior written consent. If copies are made under Aerus's direction, they must include any proprietary notices Aerus requests, such as the statement "Copyright © AERUS FRANCHISING, LLC." This requirement ensures that Aerus retains control over its intellectual property and that all copies of the software and documentation clearly display the company's copyright.
This restriction is typical in franchising, where franchisors license their intellectual property to franchisees but retain ownership. By prohibiting unauthorized modifications and requiring the inclusion of copyright notices, Aerus protects its brand and proprietary information. This also helps maintain consistency across all franchised locations, as all software and documentation will bear the same copyright information.
For a prospective Aerus franchisee, this means they must adhere strictly to the terms of the software license and franchise agreement regarding the use of the software and documentation. They cannot alter or remove any copyright notices, and any authorized copies must include the specified notice. Failure to comply with these terms could result in a breach of the franchise agreement and potential legal consequences. Franchisees should ensure they understand these requirements and seek clarification from Aerus if needed.