Can a Brain Balance licensee reproduce or modify the Software or Software Materials?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
portion of any of the foregoing, shall at all times remain with Licensor.
- (iii) Licensor expressly reserves the entire right, title and interest in and to the Access Link and to Software and the Software Materials. Licensor retains the right to reproduce, publish, sell, modify, distribute, prepare derivative programs of, and license to other licensees, the Software or the Software Materials.
- (iv) Licensee shall not remove any trademarks, proprietary legends, or copyright notices from the Software or the Software Materials, or reproduce, publish, sell, modify, distribute, prepare derivative programs of, or license the Software or the Software Materials in any manner.
- (v) Licensee shall make no copies of the Software, or any component thereof, or any Software Materials, for any purpose whatsoever except use of the Software and the Software Materials in accordance with this Agreement without the prior written consent of Licensor (which consent may be given or withheld in Licensor's sole and absolute discretion).
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance retains the right to reproduce, publish, sell, modify, distribute, prepare derivative programs of, and license to other licensees, the Software or the Software Materials. However, franchisees are explicitly restricted from taking such actions.
Specifically, Brain Balance franchisees cannot remove any trademarks, proprietary legends, or copyright notices from the Software or the Software Materials. They are also prohibited from reproducing, publishing, selling, modifying, distributing, preparing derivative programs of, or licensing the Software or the Software Materials in any manner.
Furthermore, franchisees are not allowed to make copies of the Software, or any component thereof, or any Software Materials, for any purpose whatsoever except for using the Software and the Software Materials in accordance with the franchise agreement. Any other use requires the prior written consent of Brain Balance, which Brain Balance may give or withhold at its discretion. The license granted to the franchisee is expressly limited to binary or object code versions of the Software, and the franchisee is prohibited from decompiling, reverse engineering, altering, or modifying the Software.