What must a Burros Fries franchisee ensure regarding their employees' access to the software?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees not to improperly use, disseminate, or disclose the Software, and to ensure that Franchisee's employees who gain access to the Software will protect the Software against improper use, dissemination or disclosure;
- g.
ANY SOFTWARE SHALL BE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL WARRANTIES AGAINST INFRINGEMENT ARE HEREBY DISCLAIMED EXCEPT WE REPRESENT THAT WE HAVE SUFFICIENT AUTHORIZATION TO LICENSE THE SOFTWARE TO FRANCHISEE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE MEET FRANCHISEE'S REQUIREMENTS OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
WE MAKE NO WARRANTIES THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, TROJAN HORSES, OR WORMS.
WE MAKE NO WARRANTY REGARDING ANY OPEN SOURCE SOFTWARE CONTAINED IN THE SOFTWARE.
In no event will we be liable to you for damages, including any lost profits, lost savings, or other incidental or consequential damages, relating to the use of or inability to use the Software, even if we have been advised of the possibility of such damages, or for any claim by any other party.
The foregoing limitations of liability are intended to apply without regard to whether other provisions of this Agreement have been breached or proven ineffective;
- h.
Franchisee acknowledges and agrees that Franchisee'slicense to the Software will terminate immediately and automatically should Franchisee fail to adhere to any of Franchisee's obligations under this license or if this Agreement expires or is terminated for any reason;
- i.
Franchisee acknowledges and agrees that any violation by Franchisee of the provisions of the Software license would cause us irreparable harm for which we would have no adequate remedy at law; and that, in addition to other remedies
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must ensure that their employees who gain access to the software protect it against improper use, dissemination, or disclosure. This means a Burros Fries franchisee is responsible for the security of the software and must take precautions to prevent unauthorized access or use. The franchisee and their employees cannot make the software available to anyone outside of their employees or Burros Fries's employees without prior written consent from Burros Fries.
Specifically, the franchisee is prohibited from copying the software, except as necessary for use in the business, and from translating, reverse engineering, disassembling, modifying, or creating derivative works based on the software. They also cannot sublicense, rent, lease, sell, convey, assign, or otherwise transfer the software or any portion of it to any other person or entity. Failure to adhere to these guidelines or allowing unauthorized usage of the software may result in the termination of the Franchise Agreement.
Burros Fries considers the software a valuable, proprietary product that has been developed through considerable investment. The franchisee must keep the software and any data generated by its use confidential during and after the term of the Franchise Agreement. The franchisee also acknowledges that any violation of the software license would cause irreparable harm to Burros Fries, entitling them to seek injunctive relief in addition to other remedies.