What is the scope of the license granted to Brightstar Care franchisees for the Athena Business System (ABS)?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to your continued compliance with this Agreement, we grant, and you accept, a non-exclusive, non-transferable, limited license to use the Athena Business System ("ABS"), in binary or object code form only, during the Initial Term with the Third Party Materials (defined in Section 1.8.1) we designate and provided to you by us or our affiliate, BrightStar Technology Group, LLC ("BrightStar Technology"), or any other affiliate of ours. We and BrightStar Technology reserve the right to upgrade and change the ABS from time to time. Use of the ABS is for the limited purpose of operating the Agency within the Protected Territory as we prescribe in the Operations Manual or otherwise in writing. We or our licensors will retain all right, title, copyright, trade secrets, patents and other proprietary rights in and to the ABS, and all modifications, enhancements and any derivative works thereof regardless of origin (and accordingly have the right to license others to use ABS). You do not acquire any rights, express or implied, in the ABS or derivative works thereof, other than those specified in this Agreement, and all rights in and to the ABS that are not expressly granted herein are reserved to us. You may not, and will not permit others to, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to create derivative works from the ABS, otherwise alter the ABS, or discover its source code. The ABS is licensed for use in the United States, and you may not export the ABS or make it available outside of the United States without our written permission.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees are granted a limited license to use the Athena Business System (ABS). This license is non-exclusive and non-transferable, meaning that Brightstar Care can license the ABS to others, and the franchisee cannot transfer their license to another party. The license is valid only during the initial term of the franchise agreement.
The ABS must be used in its binary or object code form, along with designated Third Party Materials provided by BrightStar Technology Group, LLC, or another Brightstar Care affiliate. Brightstar Care retains the right to upgrade and change the ABS over time. The franchisee's use of the ABS is specifically limited to operating their Brightstar Care Agency within their protected territory, as outlined in the Operations Manual or in writing.
Brightstar Care or its licensors retain all rights, title, copyright, trade secrets, patents, and other proprietary rights to the ABS, including any modifications, enhancements, and derivative works. Franchisees do not acquire any rights to the ABS beyond those explicitly stated in the franchise agreement. Franchisees are prohibited from copying, modifying, reverse engineering, or creating derivative works from the ABS. The ABS license is restricted to use within the United States, and franchisees cannot export it without written permission from Brightstar Care.