Is the Burros Fries software provided with any express or implied warranties?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
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;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, any software provided to the franchisee is offered on an "AS-IS" basis and without any warranties, either express or implied. This includes disclaimers of warranties of merchantability and fitness for a particular purpose. Burros Fries does, however, represent that they have sufficient authorization to license the software to the franchisee.
Burros Fries does not warrant that the software's functions will meet the franchisee's requirements or that its use will be uninterrupted or error-free. They also make no warranties that the software is free from bugs, viruses, Trojan horses, or worms, and offer no warranty regarding any open-source software included within it.
Furthermore, Burros Fries will not be liable for any damages, including lost profits or savings, arising from the use or inability to use the software, even if they have been advised of the possibility of such damages. This limitation of liability applies regardless of whether other provisions of the Franchise Agreement have been breached or proven ineffective. This means a franchisee bears the risk of software malfunctions or defects impacting their business operations.