Under what conditions is a Bonchon Licensee prohibited from using or exporting the software?
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.
Licensee shall not create any derivative works from the Software. Licensee agrees that any derivative works created by Licensee from the Software, including, but not limited to, software or other electronic works, are considered derivative works under U.S. law and that use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Licensor. Licensor will not be responsible for unauthorized, modified and/or regenerated software or derivative works.
Licensee understands and agrees that Licensor may from time to time adopt whatever mechanical or other electronic methods that Licensor deems necessary (in its sole and exclusive judgment) to prevent the unauthorized use and/or distribution of the Bonchon Software.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a licensee faces several restrictions regarding the use and transfer of the Bonchon Software. The license granted is non-transferable and non-exclusive, meant only for the operation of a single Bonchon Franchised Business.
A Bonchon licensee is prohibited from disclosing, publishing, or transferring the software to any person without written consent from Bonchon, except to their employees for use in the ordinary course of business. Licensees also cannot rent, lease, loan, distribute, sell, sublicense, or encumber the software. Creating derivative works from the software is forbidden, and any attempt to transfer possession of the software to another party results in automatic termination of the license.
Furthermore, licensees cannot modify, translate, reverse engineer, or decompile the software. They must also avoid any actions that could bypass or deactivate software protection mechanisms. These restrictions remain in effect even after the termination or expiration of the License Agreement or the Franchise Agreement. Upon termination, the licensee must immediately return or delete all copies of the Bonchon Software and proprietary data.