Can Aerus secure the Software or Documentation from Affiliates or third-party licensors?
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, as the Licensor, has the right to obtain the Software or Documentation from its Affiliates or other third-party licensors. The franchisee acknowledges this right and agrees to execute and deliver any further contracts, agreements, reports, or other documents that Aerus requires. This means that Aerus is not necessarily the original developer of the software and documentation used in the franchise system. They may license it from other companies or related entities.
This arrangement has implications for the franchisee. It means that the software and documentation they use to operate their Aerus franchise could be subject to change if Aerus's agreements with its affiliates or third-party licensors change. The franchisee is obligated to comply with any new contracts or agreements that Aerus requires related to the software and documentation.
Furthermore, the franchisee must notify Aerus immediately if they become aware of any unauthorized use or knowledge of the Software or Documentation. The franchisee also acknowledges that the Software and the Documentation are the valuable property and trade secrets of Aerus and/or Aerus's licensors. Any violation of the Software License would cause Aerus or Aerus's licensors irreparable injury, and Aerus will be entitled to preliminary and other injunctive relief against any such violation.
If Aerus's license to any portion of the Software secured from any third party should terminate, then the Software License will automatically terminate as to such portion of the Software, and Licensee will comply with the provisions of Paragraph 10 in connection with such portion of the Software.