factual

Regarding the Atwell Suites software, who owns the copyright rights associated with the software?

Atwell_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

o the Software developed and owned by Quore. The Software shall be used by Client only in connection with the business operations of the Hotels listed on Exhibit A attached to this Agreement. Client shall be allowed to operate the Software in order to store certain of Client's information and Data related to operation of the Hotels listed on Exhibit A on Quore's servers and/or on third-party servers or cloud application providers to be selected by Quore. Quore hereby accepts such engagement on the terms and conditions set forth herein. The Software shall be accessed and used only by Client through a Quore-designated access portal.

2. DEFINITIONS

  • 2.1. "Data" shall mean any electronically stored information.
  • 2.2. "Effective Date" shall mean the date the last one of the Parties has signed this Agreement.

  • 2.3. "Enhancements" shall mean modifications, improvements, additions, or any other revisions to the Software made during the Subscription Period.
  • 2.4. "End Date" shall mean the mutually agreed-upon date that access to the Software will end for each Hotel listed in Exhibit A.
  • 2.5. "Hotels" shall mean the properties identified in Exhibit A for which access to the Software is granted during the Subscription Period.
    • 2.6. "Software" shall mean the software made accessible by Quore to Client.
  • 2.7. "Start Date" shall mean the mutually agreed-upon date that access to the Software will begin for each Hotel listed in Exhibit A. The Start Date may vary among Hotels, and some Hotels may have a later Start Date than other Hotels.
  • 2.8. "Subscription Fee" shall mean the mutually agreed-upon price payable to Quore for providing access to the Software during the Subscription Period.
  • 2.9. "Subscription Period" shall mean the period during which Client is granted access to the Software under this Agreement. The Subscription Period for each Hotel shall begin on the Start Date and end on the End Date identified for that Hotel identified in Exhibit A, unless otherwise specified.

3. GRANT OF LICENSE

  • 3.1. Grant of License. Subject to the terms herein, Quore hereby grants to Client, and Client accepts a non-transferable, non-exclusive license to access and use the Software during the Subscription Period. The license granted herein shall be for use by Client only at the Hotels only.
  • 3.2. No Sublicense Rights. Client does not have the right to sublicense the Software or any portion or component thereof, or any of Quore's intellectual property rights granted hereunder, or any other rights or obligations under this Agreement, in whole or in part, to any other third party, including any of Client's affiliated, related or subsidiary companies or organizations. Client shall not attempt to sublicense the Software or any portion or component thereof, in whole or in part, to or for use in any hotels or other business not listed in Exhibit A. Third-party workers employed at the Hotels may have the right to access and use the Software in connection only with operations of the Hotel or Hotels at which the worker is employed.
  • 3.3. Nonexclusive License. The grant of a limited license under this Agreement is non-exclusive, and Quore may grant additional licenses to any other third parties of Quore's choosing during or after the term of this Agreement.
  • 3.4. Retained Rights. Quore retains all rights including but not limited to the rights to access, use, make, sell, and import the Software during the term of this Agreement and thereafter.
  • 3.5. Enforcement. Client does not have the right to enforce any intellectual property or other rights associated with the Software at any point during the Subscription Period or at any time thereafter unless expressly authorized by Quore in a separate agreement.
  • 3.6. Limits on Grant. This Agreement does not transfer to Client any rights other than the right to access and use the Software. This Agreement does not transfer to Client any right to make copies of or to reproduce; to distribute copies of or otherwise transfer ownership by rental, lease or lending; to create derivative works of;

Source: Item 23 — Receipts (FDD pages 99–486)

What This Means (2025 FDD)

According to the 2025 Atwell Suites Franchise Disclosure Document, the copyright rights associated with the Quore software are retained by Quore. Atwell Suites franchisees are granted a non-exclusive license to access and use the software, but Quore retains all rights to access, use, make, sell, and import the software during and after the agreement term.

The agreement explicitly states that franchisees do not have the right to enforce any intellectual property rights associated with the software unless expressly authorized by Quore in a separate agreement. The license provided to the franchisee only applies to the specific hotels listed in Exhibit A of the agreement, and franchisees are prohibited from using the software in association with any other hotels.

Furthermore, franchisees are restricted from making copies, distributing, creating derivative works, or publicly displaying any components of the software. They are also prohibited from reverse-engineering, disassembling, or decompiling the software, or attempting to discover its source code. This ensures that Quore maintains full control over its proprietary software and its underlying code.

The FDD also states that Quore owns all trademark and service mark rights associated with the Software, including the brand name Quore® and all associated graphics and logos. The franchisee is prohibited from using the names, trademarks, service marks, copyrights, or photos of the embodiments of the Software or associated components or products, except as otherwise allowed in this Agreement, without the express written permission of Quore.

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.