Is a Burros Fries franchisee allowed to copy the software?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee and Franchisee's employees will not make available the Software, or portions thereof, to any person other than Franchisee's or our employees without our prior written consent.
Franchisee agrees that Franchisee will not: (i) copy the
Software except as necessary for use in the Business; (ii) translate, reverse engineer, reverse compile, disassemble, modify, alter, or change, or create derivative works based on the Software; or (iii) sublicense, rent, lease, sell, convey, assign, or otherwise transfer the Software or any portion thereof, or any rights therein, to any person or entity. Failure to adhere to these guidelines or allowing unauthorized usage of the Software may result in termination of this Agreement as specified in Section 23.C of this Agreement;
- f.
Franchisee acknowledges and agrees that the Software, if developed, will be our valuable, proprietary product, the design and development of which took the investment of considerable time, money and effort of skilled computer programmers.
Franchisee will keep the Software and any data generated by the use of the Software confidential during and after the term of this Agreement and will maintain security precautions to maintain the secrecy of the Software and to prevent unauthorized access or use of the Software.
Franchisee agrees that it will treat the Software as confidential and that the Software will contain substantial trade secrets of oursthat we have entrusted to Franchisee in confidence to use only as we authorize under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are explicitly prohibited from copying the software used in the business, except as necessary for its operation. This restriction is part of a broader effort by Burros Fries to protect its intellectual property and maintain uniformity across all franchise locations.
The FDD states that franchisees cannot translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the software. Additionally, franchisees are barred from sublicensing, renting, leasing, selling, conveying, assigning, or transferring the software or any portion of it to any other party. Failure to comply with these restrictions could lead to the termination of the franchise agreement.
Burros Fries considers its software a valuable and proprietary product, developed through significant investment in time, money, and skilled computer programmers. Franchisees must treat the software as confidential, implementing security measures to prevent unauthorized access or use. This includes ensuring that employees who have access to the software also protect it against improper use, dissemination, or disclosure. All information stored in any computer, tablet, or POS system related to the Burros Fries business becomes the franchisor's confidential and proprietary information.