Under the Aerus Software License, which state's laws govern the agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS SOFTWARE LICENSE WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF TEXAS (EXCEPT FOR TEXAS CHOICE OF LAW RULES). Licensee specifically acknowledges that the Software and the Documentation may be subject to United States and other country export control laws.
Licensee must comply strictly with all requirements of all applicable export control laws and regulations with respect to all of the Software and the Documentation.
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 governed by the laws of Texas. However, this excludes Texas's choice of law rules. This means that while Texas law provides the framework, the specifics of how the law is applied might consider other factors.
This is important for prospective Aerus franchisees because any legal disputes related to the Software License will be interpreted under Texas law. Franchisees should be aware of Texas state laws regarding software licensing and contracts.
It is also important to note that the licensee acknowledges that the software and documentation may be subject to United States and other country export control laws, and the licensee must comply with all applicable export control laws and regulations.