Does the definition of 'Software' in the Anago NBDS License Agreement include source code?

According to Anago's 2025 Franchise Disclosure Document, the definition of "Software" in the NBDS License Agreement specifically excludes source code. The FDD defines "Software" as the object code version of any proprietary or third-party software that Anago provides to the Subfranchisor for use in their Subfranchise Business. This includes any updates or new versions of the software.

This means that Anago subfranchisees are granted access only to the compiled, executable form of the software, not the original source code written by the developers. The subfranchisee cannot modify, reverse engineer, or access the underlying code of the software. This is a common practice in franchising and software licensing, as it protects the franchisor's intellectual property and ensures consistency across the franchise system.

By retaining control over the source code, Anago can maintain the integrity of its software, implement updates and improvements uniformly, and prevent unauthorized modifications that could compromise the system's functionality or security. This also allows Anago to protect its competitive advantage by preventing subfranchisees from creating derivative works or competing software based on the source code.