Who owns the copies of the Aerus Software and Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains ownership of all copies of the software and documentation provided to franchisees. Specifically, all copies of the Software and Documentation, including any produced by the franchisee with Aerus's consent, remain Aerus's sole and exclusive property during and after the term of the Software License.
This means that while franchisees are granted a license to use the software and documentation for operating their Aerus franchise, they do not own these materials. The franchisee's rights are limited to the nonexclusive, nonassignable use of the software and documentation as specified in the franchise agreement. Franchisees cannot modify, copy, translate, or reproduce the software or documentation without prior written consent from Aerus, except to the extent required for operating the franchised business.
Upon termination or expiration of the software license, the franchisee must immediately return all copies of the software and documentation to Aerus and cease using them. This underscores that the franchisee's right to use the software and documentation is entirely dependent on the franchise agreement and software license, with ownership remaining with Aerus. Aerus may also secure the software or documentation from its affiliates or other third-party licensors.