Can a Big Blue Swim School licensee reverse engineer the software?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| opinion cause you to breach your development obligations under the Schedule (unless we are | | | willing to extend the Schedule proportionately to account for the delay). | |
EXHIBIT I
SOFTWARE AS A SERVICE AGREEMENT
SOFTWARE AS A SERVICE AGREEMENT
| This DRA and all exhibits to this DRA constitute the entire agreement between the parties | |
|---|---|
| with respect to its subject matter and supersede any and all prior negotiations, understandings, | |
| representations, and agreements with respect to its subject matter. Nothing in this or in any related | |
| agreement, however, is intended to disclaim the representations we made in the franchise | |
| disclosure document that we furnished to you. |
1. INTRODUCTION.
- (a) Licensor owns the proprietary computer software system known as LessonBuddy® more particularly described on the attached Exhibit A ("Licensed Software").
- (b) Licensee desires to obtain a license from Licensor to use the Software by remote access to the Licensor computing environment in accordance with the terms and conditions of this Agreement in conjunction solely with its operation of a BIG BLUE Swim School No. under the Big Blue Swim School Franchising, LLC Franchise Agreements by and between Licensee and Licensor.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
Based on the 2025 Big Blue Swim School Franchise Disclosure Document, the licensee's rights to use the LessonBuddy® software are explicitly defined. Big Blue Swim School owns the LessonBuddy® software, and franchisees are granted a license to use it via remote access. This license is strictly for operating a Big Blue Swim School franchise. The software itself may include code proprietary to third parties, which is sublicensed to the franchisee.
This arrangement means franchisees do not own the software and have limited rights to it. They cannot modify, reverse engineer, or create derivative works of the software beyond the scope of the license. The terms of the license are subordinate to the franchise agreement, ensuring Big Blue Swim School maintains control over its intellectual property. Any conflicts between the license and the franchise agreement are resolved in favor of Big Blue Swim School.
For a prospective franchisee, this highlights the importance of understanding the limitations of the software license. Franchisees are dependent on Big Blue Swim School for updates, enhancements, and modifications to the LessonBuddy® software. Attempting to reverse engineer or modify the software would be a breach of the license agreement and could lead to termination of the franchise agreement. Therefore, franchisees should focus on utilizing the software as provided and communicating any desired improvements or modifications through official channels.