Does Article 8 of the Software License Agreement regarding injunctions apply to Bonchon franchises offered and sold in Indiana?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
INDIANA ADDENDUM TO SOFTWARE LICENSE AGREEMENT
Notwithstanding anything to the contrary set forth in the Software License Agreement, the following provisions will supersede and apply:
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- Article 8 of the Software License Agreement ("Injunction") will not apply to franchises offered and sold in the State of Indiana.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Article 8 of the Software License Agreement, which pertains to injunctions, does not apply to franchises offered and sold in the state of Indiana. This means that the specific terms outlined in Article 8 regarding the use, modification, transfer, or disclosure of the Bonchon software, and the remedies Bonchon can seek in such cases, are not enforceable against franchisees in Indiana.
This exclusion is further reinforced by the Indiana Addendum to the Software License Agreement, which explicitly states that Article 8 of the Software License Agreement ("Injunction") will not apply to franchises offered and sold in Indiana. This addendum takes precedence over any conflicting provisions in the main Software License Agreement, ensuring that Indiana franchisees are not subject to the injunction terms specified in Article 8.
For a prospective Bonchon franchisee in Indiana, this means that Bonchon's ability to obtain an injunction against them for unauthorized use, modification, or disclosure of the software is limited by Indiana law, regardless of what the standard Software License Agreement says. This could provide some additional legal protection or flexibility for franchisees operating in Indiana compared to those in other states where Article 8 is fully enforceable.