Does the term 'Software' include source code in the Anago agreement?

According to Anago's 2025 Franchise Disclosure Document, the term "Software" as it pertains to the subfranchise agreement, specifically excludes source code. The agreement defines "Software" as the object code version of any proprietary or third-party software that Anago provides access to for use in connection with the Subfranchise Business, including any updates or new versions.

This means that while Anago subfranchisees are granted a license to use the software necessary for operating their franchise, they do not receive the underlying source code. This is a common practice in franchising and software licensing, as it protects the franchisor's intellectual property and prevents unauthorized modification or distribution of the software. The subfranchisee is only authorized to use the software in its compiled, executable form.

As an Anago subfranchisee, you will be responsible for obtaining the necessary computer hardware, workstations, and mobile devices to operate the software. You'll also be responsible for the security of the software and data on your devices. Anago provides technical support, updates, and fixes for the software, but the title and full ownership rights to the software remain with Anago. The subfranchisee is prohibited from enhancing or modifying the software in any manner, and upon termination of the agreement, all software and related materials must be returned to Anago.