Is the Byrider license granted to the Licensee transferable?
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.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the software license granted to franchisees is non-transferable. Specifically, the document states that the license to access and use the Licensed System is "non-exclusive, indivisible, non-transferable". This means a franchisee cannot transfer their rights to use Byrider's proprietary software and systems to another party.
This restriction has significant implications for a potential Byrider franchisee. It ensures that only authorized franchisees, who have been vetted and trained by Byrider, can utilize the Licensed System. This protects the integrity and confidentiality of the system, as well as the data it contains. It also means that if a franchisee sells their Byrider business, the new owner will need to obtain their own separate license agreement with Byrider to continue using the system.
Furthermore, the Software Services and User Agreement states that the license extends only to use for the franchisee's own internal automobile sales business purposes and not for any direct or indirect benefit of third parties. The franchisee also agrees to access the Licensed System only by means of the equipment and procedures designated by Byrider. These stipulations reinforce the non-transferable nature of the license and highlight Byrider's control over how its Licensed System is used.
In the event a franchisee attempts to transfer or use the licensed system in a manner contrary to the agreement, Byrider has the right to seek injunctive relief, acknowledging that other remedies may be inadequate. This underscores the importance Byrider places on maintaining control over its Licensed System and preventing unauthorized use or transfer.