factual

For what purpose is Brightstar Care permitted to use the licensed software?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

t obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software.

    1. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law or a separate written contract with Microsoft gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may only use the software for your internal business purposes. You may not
    • · work around any technical limitations in the software;
    • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law\nexpressly permits, despite this limitation;
    • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
    • publish the software for others to copy;
    • rent, lease or lend the software; or
    • use the software for commercial software hosting services.

Source: Item 23 — RECEIPTS (FDD pages 118–387)

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, the licensed software is for internal business purposes. The agreement specifies that franchisees are receiving a license to use the software, not purchasing it outright. Microsoft retains all rights to the software except those explicitly granted in the agreement.

Brightstar Care franchisees must comply with any technical limitations of the software. They are prohibited from circumventing these limitations, reverse engineering, decompiling, disassembling the software, making unauthorized copies, publishing the software, renting, leasing, or lending the software, or using it for commercial software hosting services.

However, franchisees can use the software to provide business process outsourcing services to unaffiliated third parties, as long as those third parties do not directly access the software or system database. The rights to use the software are perpetual, but can be revoked if the franchisee fails to comply with the agreement terms. Access to the server software does not grant any rights to implement Microsoft patents or other Microsoft intellectual property in other software or devices.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.