Is the Aerus Software License Agreement effective on the same date as the Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS SOFTWARE LICENSE AGREEMENT(this "Software License"), is being entered into simultaneously with that certain Franchise Agreement (the "Franchise Agreement") dated of even date herewith (the "Effective Date") by and between Aerus Franchising, LLC, a Delaware limited liability company, having offices at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Licensor") and the individual or entity executing this Agreement as Licensee ("Licensee"). All capitalized terms used herein that are not otherwise defined have the meanings assigned to such terms in the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Software License Agreement is entered into simultaneously with the Franchise Agreement. The Software License Agreement is effective as of the same date as the Franchise Agreement, referred to as the "Effective Date". This means that the rights and obligations outlined in both agreements begin concurrently.
For a prospective Aerus franchisee, this simultaneous execution means that access to and use of the licensed software, which is crucial for operating the franchise, is legally tied to the commencement of the Franchise Agreement. The franchisee cannot operate the business without agreeing to the terms of the Software License Agreement.
This arrangement ensures that Aerus franchisees have the necessary software from the outset of their franchise operations, while also protecting Aerus's intellectual property rights. The franchisee must adhere to the terms and conditions outlined in the Software License Agreement, including restrictions on modification, copying, or distribution of the software. The agreement also specifies that all copies of the software and documentation remain Aerus's property.