What is the Licensee's obligation regarding the Aerus Software and Documentation after the Software License term?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the expiration or termination of this Software License, Licensee must immediately deliver to Licensor all copies of the Software and the Documentation then in Licensee's possession or control and erase the Software from Licensee's computer system, and must immediately cease to use the Software and the Documentation.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, upon the expiration or termination of the Software License, the franchisee must take immediate action regarding the software and documentation. Specifically, the franchisee is obligated to deliver to Aerus all copies of the Software and Documentation that are in their possession or control at that time. Additionally, the franchisee must erase the Software from their computer system. Finally, the franchisee must immediately cease using the Software and the Documentation.
This provision ensures that Aerus retains control over its proprietary software and documentation, preventing unauthorized use after the franchise agreement ends. This is a standard practice in franchising, as franchisors need to protect their intellectual property and maintain consistency across the franchise system.
For a prospective Aerus franchisee, this means that access to and use of the software and documentation are strictly limited to the duration of the franchise agreement. It is crucial to have a plan for transitioning business operations to alternative systems or processes upon termination or expiration of the agreement, as continued use of the Aerus software would be a violation of the agreement. Furthermore, franchisees should maintain careful records of all software and documentation to ensure full compliance with the return and deletion requirements.