Under what conditions will Aerus replace the distribution media containing the Software without charge?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensor will replace without charge the distribution media (e.g., CD-ROM) containing the Software provided under this Software License if such media contains defects in materials and workmanship that are not caused by Licensee's misuse or negligence.
As a substitute for such distribution media, Licensor may grant Licensee online access to a directory from which the Software may be downloaded using the Internet or other online communication method, or Licensee shall grant Licensor remote or in-person access to its hardware in order to permit Licensor to install the Software, whichever Licensor shall designate.
The foregoing describes Licensor's sole and exclusive warranty, and Licensee's sole and exclusive remedy, regarding the distribution media and the Software.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus will replace the distribution media containing the software without charge if the media contains defects in materials and workmanship. However, this replacement is only provided if the defects are not caused by the franchisee's misuse or negligence. The distribution media is exemplified by a CD-ROM.
As a substitute for replacing the defective distribution media, Aerus has the option to provide the franchisee with online access to a directory where the software can be downloaded. Alternatively, Aerus can request remote or in-person access to the franchisee's hardware to install the software directly. The choice of which method to use is at Aerus's discretion.
The document specifies that this replacement policy is the sole and exclusive warranty and remedy available to the franchisee regarding the distribution media and the software. This means that Aerus is not obligated to provide any other form of compensation or support related to defects in the distribution media beyond what is described.