What rights does a distributor acquire in the software system provided by Aunt Millies Bakeries?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
- §10.3 SOFTWARE ACCOUNTING SYSTEM. Subject to the terms of this Agreement, AUNT MILLIE'S grants a limited personal, non transferable (except as provided pursuant to the assignability provisions of Article 7 of this agreement), non-exclusive license to load and use the object code version of any proprietary software system and program developed by AUNT MILLIE'S for route sales accounting, as same may be amended for time to time. Distributor shall acquire no other interest or right in the software, other than this limited use and shall not attempt to modify, decompile, disassemble or otherwise reverse engineer the software or request or authorize any other person to do so for any reason whatsoever. Distributor expressly agrees that it will not transfer to any third party the subject software.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries' 2025 Franchise Disclosure Document, the distributor's rights to the proprietary software system are explicitly defined. Aunt Millies Bakeries grants the distributor a limited, personal, non-transferable (except under specific assignability provisions), and non-exclusive license to use the object code version of the software. This software system is designed for route sales accounting and may be updated or amended by Aunt Millies Bakeries.
This license allows the distributor to load and use the software for its intended purpose, but it strictly prohibits any modification, decompilation, disassembly, or reverse engineering of the software. The distributor is also barred from authorizing any third party to perform these actions. Furthermore, the distributor is expressly forbidden from transferring the software to any third party.
Upon termination of the Distribution Agreement, the distributor's right to use the software immediately ceases. This means the distributor must discontinue using the software and, presumably, remove it from their systems. The distributor acquires no other rights or interests in the software beyond the limited use granted by the license. This ensures that Aunt Millies Bakeries retains full control and ownership of its proprietary software, while allowing distributors to utilize it for the specific purpose of route sales accounting during the term of their agreement.