What warranties, beyond the limited warranty, are disclaimed by Aerus for the software?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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- EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO WARRANTIES GRANTED TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR THE SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES **OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. THE SOFTWARE AND DOCUMENTATION IS PROVIDED TO LICENSEE "AS-IS" WITHOUT ADDITIONAL WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, beyond the limited warranty, Aerus disclaims all other warranties, expressed or implied, for the software provided to franchisees. Specifically, Aerus disclaims the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This means that Aerus does not guarantee that the software will perform as expected, be suitable for the franchisee's specific needs, or not infringe on the rights of others.
Aerus provides the software and documentation "as-is" without any additional warranty. Aerus does not warrant that the software's functions will meet the franchisee's requirements or that its operation will be uninterrupted or error-free. The franchisee is solely responsible for determining their desired results from using the software, evaluating its capabilities, and successfully operating it.
This disclaimer has significant implications for prospective Aerus franchisees. If the software malfunctions or does not meet their expectations, they will have limited recourse against Aerus beyond the limited warranty. Franchisees must carefully assess their reliance on the software and consider the potential costs and disruptions associated with software issues. They should also ensure they have adequate technical expertise or support to operate the software effectively. This type of disclaimer is relatively common in franchise agreements, as franchisors often seek to limit their liability for software performance.