What does the Byrider licensee acknowledge regarding the Licensed Software and Licensed Documentation?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Confidential Information. Licensee acknowledges that the Licensed Software and Licensed Documentation include proprietary information containing trade secrets and copyrighted materials. Licensee shall not make the Licensed Software or Licensed Documentation or any portion thereof available by assignment, sublicense, transfer, disclosure or any other means for copying or use by any person, firm, or corporation not a party to this Agreement other than its employees, agents and successors. Licensee acknowledges that any unauthorized disclosure to or use by third parties may cause immediate and irreparable harm and significant injury to Licensor that may be difficult to ascertain. Accordingly, Licensee agrees that Licensor will have the right to obtain immediate injunctive relief to enforce obligations under this Agreement, upon breach of such obligations or threat of such breach, in addition to any other remedies to which it may be entitled.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the licensee acknowledges that the Licensed Software and Licensed Documentation include proprietary information containing trade secrets and copyrighted materials. The licensee agrees not to make the Licensed Software or Licensed Documentation available to anyone outside of their own employees, agents, and successors. This restriction includes prohibitions on assignment, sublicense, transfer, disclosure, or any other means of copying or use.
The licensee understands that any unauthorized disclosure or use by third parties could cause immediate and irreparable harm to Byrider, resulting in significant injury that may be difficult to ascertain. Consequently, Byrider has the right to seek immediate injunctive relief to enforce these obligations if a breach occurs or is threatened, in addition to any other legal remedies available.
This acknowledgment highlights the importance of protecting Byrider's intellectual property and trade secrets. Prospective franchisees should understand the serious legal and financial repercussions that could arise from unauthorized use or disclosure of the Licensed Software and Licensed Documentation. They must implement strict internal controls to ensure compliance with these confidentiality obligations.