Who owns the rights to the Burros Fries proprietary software?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges that we have spent considerable time in developing the Products, Services, standards, processes, methods and technology used in the operation of a Burros & Fries Business. Accordingly, Franchisee acknowledges that Franchisee is to use only approved products, supplies, kitchen equipment, vendors, suppliers and services that includes, but is not limited to: ingredients (such as dry goods, our spice packages, sauces, dressings, condiments, etc.), fresh produce, dairy products; beverage products (such as: tea, carbonated drinks, juices and specialty beverages), supplies (such as small wares, disposables, packaging materials, disposables and cooking supplies), any merchandise for sale (such as: shirts, hats, baby bibs, etc.), kitchen equipment (such as: refrigerators, freezers, etc. as described in Item 7), furnishing and fixtures, technology items (such as computers, POS system, sound system, etc.), software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services and printed advertising materials necessary for the operation of the Business.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the franchise agreement specifies that Burros & Fries Franchise, Inc. owns the rights to the proprietary software used in the operation of a Burros Fries business. As a franchisee, you are granted a limited license to use this software as part of the overall system. This license is restricted to the operation of your Burros Fries franchise.
Burros Fries retains all rights not explicitly granted to the franchisee. This includes the right to modify, update, or replace the software at their discretion. As a franchisee, you must use only the approved technology items, including software, specified by Burros Fries.
The franchise agreement emphasizes the importance of protecting Burros Fries' trade secrets, which include software, service methods, and techniques. Franchisees must ensure their staff agrees to protect these trade secrets. Unauthorized use of the software or any other component of the Burros Fries system constitutes a breach of the franchise agreement and an infringement of Burros Fries' rights.