Who retains title, ownership, and intellectual property rights to the Licensed Software and Licensed Documentation in the Byrider franchise agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee shall label all copies of the Licensed Documentation or separately identifiable portions thereof made by Licensee as follows:
© Byrider Franchising Partners, LLC All rights reserved. Copies in whole or part may only be made by express written permission of the copyright owner.
Such copyright notices shall be prominently displayed so as to be readily noticed by anyone having access to copies of the Licensed System or any portions thereof. Licensee shall not remove, hide, or disable any of the Licensor's copyright notices on the Licensed System. Except as expressly
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider Franchising Partners, LLC retains ownership and intellectual property rights to the Licensed Software and Licensed Documentation. The franchisee is granted a license to use the software and documentation but is explicitly prohibited from making unauthorized copies. This is detailed in the Byrider Software Services and User Agreement, which is an exhibit to the franchise agreement.
Byrider's control over the software is further reinforced by the requirement that franchisees must use the Byrider technology system to operate their business. This system includes proprietary software, off-the-shelf software, hardware, SaaS platforms, and a dealer management system with integrated customer relations management. Franchisees are responsible for paying the costs associated with this technology system to the appropriate vendors as outlined in Exhibit D, Appendix B of the franchise agreement.
To protect Byrider's intellectual property, franchisees are required to label all copies of the Licensed Documentation with a copyright notice indicating that all rights are reserved by Byrider Franchising Partners, LLC. Franchisees are also prohibited from removing, hiding, or disabling any of Byrider's copyright notices on the Licensed System. This ensures that Byrider maintains control over its proprietary information and prevents unauthorized use or distribution of the software and documentation.