What precautions must an Aerus licensee take to protect the confidentiality of the 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, licensees must take specific precautions to protect the confidentiality of the software and documentation provided by Aerus. Licensees must exercise reasonable precautions, ensuring they are no less rigorous than those used to protect their own confidential information. At a minimum, licensees must instruct their employees that the software and documentation are proprietary information and trade secrets of Aerus.
Licensees are also prohibited from removing or altering any designations, including copyright notices, that Aerus or its licensors have included in the software, distribution media, or documentation. These designations indicate that the material is the proprietary property of Aerus or its licensors. This ensures that the proprietary nature of the materials is always clearly indicated.
Furthermore, the Aerus licensee must notify Aerus immediately if they become aware of any unauthorized knowledge, possession, or use of the software, documentation, or any part thereof. This immediate notification allows Aerus to take swift action to mitigate any potential damage resulting from the unauthorized use or disclosure of its proprietary information. These measures collectively aim to safeguard Aerus's trade secrets and maintain the integrity of its software and documentation.