Who retains title and ownership rights to the Anago Software?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
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NBDS LICENSE AGREEMENT
THIS NBDS LICENSE AGREEMENT ("Agreement") is signed on ______________, between Anago Franchising, Inc., a Florida corporation (the "Franchisor"), and Corp Name, (the "Subfranchisor").
- (a) General. This Agreement is being entered into pursuant to Subsection 2.3(b) of that certain Anago Subfranchise Rights Agreement between the Franchisor and the Subfranchisor, dated of even date herewith (the "Subfranchise Agreement"). All capitalized terms used in this Agreement have the same definitions as set forth in the Subfranchise Rights Agreement, unless otherwise expressly defined in this Agreement.
- (b) Grant of License. During the Term, and subject to the terms of this Agreement, the Franchisor hereby agrees to: (a) grant Subfranchisior access to a Software program currently known as IGAS, an internet-based Software currently known as AnagoCloud, and an internet-based application currently known as Anago CleanSource; (b) furnish Subfranchisior with certain Related Materials (as later defined in this Agreement) in support of the Software; (c) grant the Subfranchisior a nontransferable and nonexclusive license to use the Software and Related Materials which are described pursuant to any Schedule to this Agreement signed by both parties ("Schedule"); and (d) provide Software maintenance, all as described in this Agreement.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. The term "Related Materials" means any printed material not consisting of Software programs, such as Software user instructions, and which is designated by the Franchisor as available under license to the Subfranchisor for the licensed Software to which such Related Materials relate.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago subfranchisees are granted access to certain software programs, including IGAS, AnagoCloud, and Anago CleanSource, but the franchisor retains ownership. Specifically, the franchisor provides access to these software programs and related materials under a non-transferable and non-exclusive license for use in the subfranchise business. This license is valid for the term of the agreement, provided the Subfranchise Rights Agreement remains in effect.
Anago explicitly states that the term "Software" refers to the object code version of any proprietary or third-party software provided for use in connection with the subfranchise, including updates, but excludes the source code. Upon the expiration or termination of the franchise agreement, the subfranchisee must immediately return all Software and Related Materials, including all copies, translations, compilations, or partial copies, to Anago.
Furthermore, the subfranchisee is prohibited from providing or making available any portion of the Software to any unauthorized person and may not reverse assemble or reverse compile the Software. The subfranchisee is responsible for obtaining the necessary computer hardware, workstations, and mobile devices required to operate the software as specified in the Anago Manuals or the Subfranchise Agreement. These stipulations ensure that Anago maintains control over its proprietary software and protects its intellectual property rights.