factual

What is the subject of the End User Sublicense Agreement between Annex Brands and the End User?

Annex_Brands Franchise · 2025 FDD

Answer from 2025 FDD Document

CENSE AGREEMENT

THIS END USER SUBLICENSE AGREEMENT ("Agreement") is made by and between ANNEX BRANDS, INC., a California corporation ("Master Licensee"), and ("End User") with an effective date of certain proprietary computer software as fully set forth below: , regarding the license and use of

RECITALS AND DEFINITIONS

This Agreement is made with reference to the following recital of essential facts and definitions.

Product. The "Product" referred to herein consists of the following:

    1. The single self-work computer product named "PostalMate". The Program is available for download via a file transfer protocol site for use on a microcomputer. The Program is designed to be used to produce a UPS approved manifest, a shipping estimating system and a Point-of-Sale registry system, a accounts receivable system and interface with Quick Books accounting software in conjunction with the operation of the End User's franchise; and
    1. All related printed documentation, including but not limited to manuals covering the installation, application and use of the Program and published specifications.
    1. All subsequent improvements to either the Program or the related printed documentation made by Master Licensee or PostalMate, an A. P. Moller – Maersk A/S Company a , as Master Licensor of the Product ("PostalMate").
  • A. Master Licensee has been granted the exclusive world- wide license of the rights to sublicense the Product from PostalMate. PostalMate is the legal owner of all right, title and interest in and to the Product, along with all related copyrights and trademarks.
  • B. End User is a franchisee of Master Licensee, under the terms of that certain franchise agreement with an effective date of for the operation of a Center ("franchise agreement").
  • C. Master Licensee has the right to sublicense the use of the Product and the copyright and trademark materials related to the Product under the terms of that certain Master License Agreement between PostalMate, as Licensor, and Master Licensee, as Licensee.
  • D. End User desires to obtain a non-exclusive right to use the Product in connection with the operation of its Center.

NOW, THEREFORE, in consideration of the mutual promises and covenants of this Agreement, the parties hereto agree as follows:

    1. Grant of Sublicense. Master Licensee hereby grants, and End User hereby accepts, a non-exclusive, non-transferable personal license for the access and use of the Product, solely in the course of operating End User's Center.
    1. Copies and Transfer. End User is permitted to install and use the Program on up to 7 computers at one time at the same location. Installation and use of the Program at additional locations or on additional computers will require payment of additional license, support and maintenance fees. The Program may be freely moved from 1 computer to another, so long as there is no possibility of it being used at 1 location while it is being used at another. Master Licensee authorizes End User to make archival copies of the Program for the sole purpose of backing-up the software and protecting the End User's investment.

Source: Item 22 — Contracts (FDD pages 109–110)

What This Means (2025 FDD)

According to the 2025 FDD, the End User Sublicense Agreement between Annex Brands and the End User concerns the license and use of certain proprietary computer software. Specifically, the agreement outlines the terms and conditions under which the End User, an Annex Brands franchisee, can use the "Product," which is the PostalMate software. PostalMate is designed to produce UPS-approved manifests, shipping estimates, point-of-sale registry functions, and accounts receivable systems, as well as interface with QuickBooks accounting software.

The agreement clarifies that PostalMate, an A. P. Moller – Maersk A/S Company, is the master licensor and legal owner of the software, while Annex Brands has the exclusive worldwide license to sublicense it. The End User, as a franchisee, is granted a non-exclusive right to use the software in connection with operating their Annex Brands center.

The End User Sublicense Agreement also addresses aspects such as software updates, potential damages for unauthorized copying, security measures, and termination conditions. It stipulates that the End User must pay an initial license fee of $250, an annual license fee of $35, and a monthly maintenance fee of $105 to PostalMate. These fees are subject to change with 15 days' prior written notice from Annex Brands. The agreement also states that unauthorized copying of the product will result in the end user paying liquidated damages in the amount of PostalMate's maximum published retail price for the Product, plus all reasonable attorneys' fees of Master Licensee through appeal in protecting its rights under this Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.