What is the condition for Byrider to provide generation of specific retail installment sales and security contracts from input data?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
d and described in Exhibit 1 to this Agreement) that permit approved access to the Licensed System. The Hosting Facility, the Licensed Software, the Infrastructure Standards and Licensed Documentation, together with any modifications, translations, updates, versions, enhancements or improvements to the software programs and/or documentation provided by Licensor to Licensee are hereinafter referred to as the "Licensed System." Licensor agrees to provide Licensee with one (1) copy of the Licensed Documentation and all updates or revisions to the Licensed Documentation. Licensor agrees to provide Licensee access to the Licensed Software.
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- Services. In accordance with the terms and conditions of this Agreement, Licensor shall provide Licensee with usage, login, and access to the Licensed System (all of which constitute and form part of the Confidential Information) for the purpose of providing to Licensee data processing and other services related to the "buy-here-pay-here" automobile sales and collection management systems, particularly generation of specific retail installment sales and security contracts from input data and monitoring of receivables and collection productivity by Licensee (hereinafter referred to as "Services"). Licensor shall have the right to suspend or limit, in whole or in part, Licensee's access to the Services upon ten (10) days written notice to Licensee if any amounts due Licensor are more than thirty (30) days past due or as otherwise provided in the Franchise Agreement.
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- License. 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.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 FDD, Byrider provides franchisees with access to its Licensed System, which includes software for generating retail installment sales and security contracts from input data. This service is part of Byrider's data processing and other services related to "buy-here-pay-here" automobile sales and collection management systems.
However, Byrider retains the right to suspend or limit a franchisee's access to these services if any amounts due to Byrider are more than thirty days past due, or as otherwise specified in the Franchise Agreement. This condition ensures that franchisees meet their financial obligations to Byrider in order to continue utilizing the Licensed System.
Furthermore, the franchisee's license to access and use the Licensed System is subject to all the terms and conditions outlined in both the Software Services and User Agreement and the Franchise Agreement. The license is nonexclusive, indivisible, and non-transferable, intended solely for the franchisee's automobile sales business in accordance with the Franchise Agreement. The franchisee must also use equipment and procedures similar to those designated in Appendix A and conduct business at the location specified in Appendix C. These stipulations ensure proper use and prevent unauthorized access or transfer of the Licensed System.