What is the Licensor's obligation regarding access to the Byrider Licensed Software?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
eloped infrastructure standards ("Infrastructure Standards") (as that term is defined 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.
-
- 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.
-
- 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. 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. Licensee shall, at all times, use the Licensed System and access the Hosting Facility as directed by the Licensor from time to time.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider agrees to provide the franchisee with access to the Licensed Software. Byrider will provide the franchisee with usage, login, and access to the Licensed System for data processing and other services related to "buy-here-pay-here" automobile sales and collection management systems. This includes generating retail installment sales and security contracts from input data and monitoring receivables and collection productivity.
Byrider has the right to suspend or limit the franchisee's access to the Services if any amounts due to Byrider are more than thirty (30) days past due or as otherwise provided in the Franchise Agreement, with ten (10) days written notice. Byrider also agrees to make commercially reasonable efforts to maintain the Licensed System in operation twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance. Additionally, Byrider will use commercially reasonable efforts to protect information transmitted by them from unauthorized interception, modification, or replication.
The franchisee is responsible for maintaining a secure network connection to the Licensed System and Hosting Facility and ensuring their personnel access the system in a secure work environment. Byrider can suspend the franchisee's network connectivity and use of the Licensed System if they believe the franchisee poses a threat due to viruses, worms, hacking, or other dangers. Reactivation occurs once the threat is removed. The franchisee is responsible for their network carrier, associated costs, and service levels.