What are the limitations on the license granted to Atwell Suites franchisees to access and use the Services, Software, and Documentation?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.2 Your Limited License. We grant you a non-transferable, non-assignable, non-exclusive, limited, royalty-free, revocable license to access and use the Services, Software, and Documentation solely within the United States (excluding U.S. territories and possessions), solely for their intended purpose(s), solely for your business purpose(s) (not for any household or other non-commercial use), solely on systems that you own or license, and solely in accordance with the
terms of the Agreement ("Limited License"). For the avoidance of doubt: (a) other than the Limited License, nothing in this Section 10.2 or the Agreement assigns, transfers, or creates any right, title, or interest for you (whether express or implied, or by estoppel or otherwise) in or to the Intellectual Property, Technology, Services, Software, or Documentation; and (b) all right, license, title and interests that are not expressly granted pursuant to the Limited License are expressly withheld. You obtain no rights (license or otherwise) to any Marks, brand names, or logos associated with any Services, or associated with us or our service providers. The Limited License shall immediately terminate on the earlier of (y) termination of the Agreement, and (z) termination of the Services related to such Limited License.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 FDD, Atwell Suites franchisees are granted a limited license to access and use specific services, software, and documentation. This license is explicitly defined as non-transferable, non-assignable, non-exclusive, limited, royalty-free, and revocable. This means the franchisee cannot transfer or assign the license to another party, and Atwell Suites retains the right to revoke the license under certain conditions. Other parties may also be granted a similar license.
The geographic scope of this license is limited to the United States, excluding U.S. territories and possessions. Furthermore, the license is restricted to the intended purposes of the services, software, and documentation, and solely for the franchisee's business operations, explicitly excluding any household or non-commercial use. The franchisee can only use these resources on systems they own or license, and must adhere to the terms outlined in the franchise agreement.
Atwell Suites franchisees should understand that the limited license does not grant them any ownership rights to the intellectual property, technology, services, software, or documentation. All rights, titles, and interests not expressly granted are withheld, and franchisees do not acquire any rights to the brand's marks, names, or logos. The license terminates immediately upon the termination of the franchise agreement or the termination of the services related to the license. This underscores that the franchisee's access to and use of these resources are contingent upon maintaining an active and compliant franchise agreement.