What is the condition for the Licensee to receive a nonexclusive license to access and use the Byrider Licensed System?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to all the terms and conditions of this Agreement and the Franchise Agreement, Licensor hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive, indivisible, non-transferable license to access and use the Licensed System in a manner consistent with the terms of this Agreement.
Such license is provided for the sole purpose of allowing Licensee access to the functions of the Licensed System necessary to obtain the Services for the sole use of Licensee's automobile sales business pursuant to and in accordance with the Franchise Agreement.
It is the responsibility of the Licensee alone to ensure that the Licensed System fulfills the individual requirements and goals of the Licensee.
This license extends only to use for Licensee's own internal automobile sales business purposes and not for any direct or indirect benefit of third parties.
Licensee agrees to access the Licensed System only by means of the equipment and procedures substantially similar to those designated in Appendix A attached hereto and incorporated herein by reference.
Licensee agrees to use the Licensed System solely for the purposes of business initiated and conducted at the location specified in Appendix C, and additional locations may not be added without Licensor's approval.
Licensee shall not use or access the Licensed System in connection with the performance of data processing services or as a service bureau for any third person.
Licensee further agrees that it shall not use the Licensed System or transmit data to, through, or from the Hosting Facility in any manner that is contrary to any law or regulation of the United States or any state or country where Licensee is located.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Licensor grants the Licensee a nonexclusive, indivisible, non-transferable license to access and use the Licensed System. This is subject to all the terms and conditions outlined in both the Software Services and User Agreement and the Franchise Agreement.
This license is specifically for allowing the Licensee access to the functions of the Licensed System. This access is necessary to obtain the Services for the sole use of the Licensee's automobile sales business, as defined and in accordance with the Franchise Agreement. The Licensee is solely responsible for ensuring that the Licensed System meets their individual requirements and goals.
The license is limited to the Licensee's internal automobile sales business purposes and does not extend to any direct or indirect benefit for third parties. The Licensee must access the Licensed System using equipment and procedures similar to those in Appendix A. The Licensed System should only be used for business at the location in Appendix C, and additional locations require the Licensor's approval. The Licensee cannot use the Licensed System for data processing services or as a service bureau for third parties and must comply with all applicable laws and regulations.