Where is the Licensee permitted to use the Aerus Software and Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
e made available to Licensee under the Franchise Agreement. Licensee must provide, at Licensee's sole expense, the hardware, software and Internet or telecommunication connections meeting or exceeding the minimum operating specifications for the Software, as Licensor determines from time to time.
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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.
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- 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.
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- Licensee understands and acknowledges that the Software and the Documentation contains Licensor's trade secrets and agrees, during the term of this Software License and thereafter, not to communicate, divulge or use the Software or the Documentation other than in the operation of Licensee's Franchised Business by Licensee and Licensee's employees.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the licensee is permitted to use the software and documentation only in the operation of the franchisee's business at the approved locations. The franchisee must also own and maintain computer hardware, facilities, and connections at the approved location to support the Aerus Franchise Office Automation System (FOAS). These must meet the minimum performance specifications published by Aerus.
Aerus or its affiliate is allowed in-person or remote access to the franchisee's computer equipment to install, update, and support FOAS. The franchisee must follow any reasonable instructions from Aerus related to the installation, update, and support of the software.
The franchisee is required to implement and use all functions of FOAS in their business's operation, administration, management, and control. This includes adopting all new programs and modules developed and installed by Aerus, such as the Franchise Accounting Systems and Tools program module (FAST). The franchisee may have to pay a fee for any new program or module.