What is the definition of 'Software' according to the Anago NBDS License Agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "Software" means the object code version of any proprietary or third-party software to which Franchisor provides Subfranchisor access for use in connection with its Subfranchise Business, including any updates or new versions thereof.
Software does not include source code.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the term "Software" in the NBDS License Agreement refers to the object code version of any proprietary or third-party software that Anago provides to the Subfranchisor. This software is intended for use in connection with the Subfranchise Business and includes any updates or new versions of the software. The definition explicitly excludes the source code of the software.
In practical terms, this means that as a Subfranchisor, you will receive access to software necessary to operate your Anago business, but you will not have access to the underlying code that makes the software work. You will only receive the compiled, executable version of the software. This is a common practice in software licensing, as it protects the franchisor's intellectual property and prevents unauthorized modification or distribution of the software.
Anago also grants the Subfranchisor a nontransferable and nonexclusive license to use the software and related materials which are described pursuant to any Schedule to the NBDS License Agreement signed by both parties. The license for any Software and Related Materials will be in effect for the Term (so long as the Subfranchise Rights Agreement is in full force and effect), unless sooner terminated in accordance with the Agreement.
It is important for a prospective Anago franchisee to understand that they will be responsible for obtaining the necessary computer hardware, workstations, and mobile devices required to operate the software, as specified in the Anago Manuals, the Subfranchise Agreement, or in writing. Additionally, the franchisee is responsible for the security of the software and data on their devices. The franchisee must also pay a current fee of $200 per month for the Software Support Fee, together with any additional sums (Internet, or other access fees) due for additional technical support not relating to the operation of the Software.