What precautions must the Licensee take to protect the confidentiality of the Aerus Software and Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
lity of the Software and the Documentation from any persons Licensee employs who have access to the Software. The grant of the licenses hereunder and the carrying out of the transactions contemplated hereby will not be deemed publication by either party of all or any portion of the Software.
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- Licensee must exercise reasonable precautions, no less rigorous than those Licensee uses to protect Licensee's own Confidential Information, to protect the confidentiality of the Software and the Documentation including, at a minimum, giving instructions to Licensee's employees that the Software and the Documentation are the proprietary information or Licensor and Licensor's trade secrets. Licensee must not remove or alter any designations (including copyright notices) that Licensor or Licensor's licensors have included in the Software, on the distribution media, and/or on the Documentation that indicate such material is the proprietary property of Licensor or such other licensors.
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Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, as a licensee, you must protect the confidentiality of the Aerus software and documentation. This includes exercising reasonable precautions, ensuring they are no less rigorous than those you use to protect your own confidential information. At a minimum, you must instruct your employees that the software and documentation are Aerus's proprietary information and trade secrets.
Licensees can only allow access to the software and documentation to employees who need it for their work in the Aerus franchised business. Aerus may also request that you obtain confidentiality agreements from any employees who have access to the software and documentation.
Furthermore, you are prohibited from removing or altering any proprietary designations, including copyright notices, on the software, distribution media, or documentation. Licensees must also notify Aerus immediately if they become aware of any unauthorized knowledge, possession, or use of the software or documentation.
These measures are typical in franchising to protect the franchisor's intellectual property and trade secrets. Failure to comply with these precautions could result in legal and financial repercussions for the franchisee.