What is the definition of 'Licensee' in the Byrider Software Services and User Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Software Services and User Agreement ("Agreement") is entered into as of the «Day» day of «Month», «Year», by and between BYRIDER FRANCHISING PARTNERS, LLC, having its principal place of business at 12802 Hamilton Crossing Blvd., Carmel, Indiana 46032 (hereinafter "Licensor" or "Company") and Franchisee, as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and Franchisee dated «Month» «Day», «Year» (together with its agents and successors, collectively, hereinafter "Licensee"), and is made part of the Franchise Agreement. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Licensee in the Byrider Software Services and User Agreement refers to the franchisee as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and the franchisee, along with its agents and successors. This definition is crucial as it establishes who is bound by the terms and conditions outlined in the Software Services and User Agreement.
As the Licensee, the franchisee is granted a nonexclusive, indivisible, and non-transferable license to access and use Byrider's Licensed System. This system includes software, documentation, and infrastructure necessary for operating the "buy-here-pay-here" automobile sales and collection management systems. The Licensee's rights and responsibilities regarding the use, security, and maintenance of the Licensed System are further detailed in the agreement.
The agreement emphasizes that the Licensee must ensure a secure network connection to the Licensed System and Hosting Facility, and must also ensure that their personnel access the system in a secure work environment. The Licensee is also responsible for designating a knowledgeable liaison to communicate with Byrider regarding any issues related to the Licensed Software. Understanding this definition is essential for a prospective franchisee, as it clarifies their role and obligations concerning the software and systems they will be using to operate their Byrider franchise.