Under what circumstances is a Bonchon licensee permitted to disclose, publish, display, or make available the Bonchon Software to its employees?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee agrees not to disclose, publish, display, translate, release, transfer or otherwise make available the Bonchon Software, any part of the Software or any other materials furnished by Licensor in any form (or any copy of any of the foregoing) to any person, without the written consent of Licensor, which may be withheld with or without cause except for use of the Software in the ordinary course of its Bonchon Franchised Business to disclose, publish, display and make available the Software as needed to its employees. Licensee agrees that it will take all necessary action to assure Licensee's compliance with its obligations under this Agreement. Licensee shall use its best efforts to assist Licensor in identifying and preventing any unauthorized use, copying or disclosure of the Software or any portions thereof. Without limitation of the foregoing, Licensee shall advise Licensor immediately in the event Licensee learns or has reason to believe that any person who Licensee has given access to the Software, or any portion thereof, has violated or intends to violate the terms of this Agreement. The provisions of this Section 4.01 will survive the termination of this Agreement. Licensee shall not rent, lease, loan, distribute, sell, sublicense or encumber the Software.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a licensee is generally prohibited from disclosing, publishing, displaying, translating, releasing, transferring, or making available the Bonchon Software to any person without Bonchon's written consent. However, an exception exists for the use of the software in the ordinary course of its Bonchon Franchised Business. In this case, the licensee is permitted to disclose, publish, display, and make available the software to its employees as needed.
This exception allows Bonchon franchisees to provide their employees with access to the Bonchon Software to perform their job duties within the franchised business. However, the licensee remains responsible for ensuring that its employees comply with the terms of the license agreement and take necessary actions to protect the software from unauthorized use, copying, or disclosure. The licensee must also inform Bonchon immediately if they suspect any unauthorized activity related to the software.
This clause emphasizes the importance of maintaining the confidentiality and security of the Bonchon Software. While franchisees need to provide access to their employees for operational purposes, they must also implement appropriate safeguards to prevent misuse or unauthorized dissemination of the software. This includes educating employees about their obligations under the license agreement and monitoring their access and use of the software.