factual

Who owns the copies of the Aerus Software and Documentation during and after the term of the Software License?

Aerus Franchise · 2025 FDD

Answer 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.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, Aerus retains sole and exclusive ownership of all copies of the Software and Documentation during and after the term of the Software License. This includes any copies that the franchisee may produce with Aerus's consent.

This means that while franchisees are granted a license to use the software and documentation for their franchised business, they never actually own it. Even if a franchisee creates copies of the software or documentation with Aerus's permission, those copies remain the property of Aerus. This is a standard practice in franchising, as it allows the franchisor to maintain control over its proprietary materials and intellectual property.

Upon termination or expiration of the Software License, the franchisee must immediately return all copies of the Software and Documentation to Aerus and erase the Software from their computer systems. They must also cease using the Software and Documentation. This further reinforces Aerus's ownership and control over these assets, ensuring that franchisees do not continue to use them after the franchise agreement ends. This is a critical aspect of protecting Aerus's intellectual property and maintaining consistency across all franchise locations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.