What warranties, if any, does Aerus provide for the Software beyond the limited warranty described?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- **12.
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 MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.**
- **13.
LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING LICENSEE'S DESIRED RESULTS FROM THE USE OF THE SOFTWARE, FOR EVALUATING THE SOFTWARE'S CAPABILITIES AND FOR SUCCESSFULLY OPERATING THE SOFTWARE.
IN NO EVENT WILL LICENSOR BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR FOR LOST DATA OR LOST PROFITS TO LICENSEE OR ANY OTHER PERSON OR ENTITY, WHETHER OR NOT DUE TO OUR NEGLIGENCE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.
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, no other warranties are granted to the franchisee or any other entity for the software. This includes expressed or implied warranties of merchantability, fitness for a particular purpose, and non-infringement, all of which are specifically disclaimed.
The software and documentation are provided "as-is" without any additional warranty. Aerus does not guarantee 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 the desired results from using the software, evaluating its capabilities, and ensuring its successful operation. Aerus will not be responsible for any direct, indirect, special, incidental, consequential, or other damages, including lost data or profits, arising from the use or inability to use the software, even if Aerus has been advised of the possibility of such damages.