Does the Byrider Software Services and User Agreement allow the licensee to sublicense the software?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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 Byrider Software Services and User Agreement does not allow franchisees to sublicense the licensed software. The agreement explicitly states that franchisees cannot make the Licensed Software or Licensed Documentation available for copying or use by any entity other than their own employees, agents, and successors.
This restriction is in place to protect Byrider's proprietary information, trade secrets, and copyrighted materials included in the software and documentation. Unauthorized disclosure or use by third parties could cause immediate and irreparable harm to Byrider.
To enforce this, Byrider retains the right to seek injunctive relief against franchisees who breach or threaten to breach this obligation, in addition to any other legal remedies available. This ensures Byrider can quickly prevent any unauthorized use or distribution of its software.
This type of restriction is common in franchising to maintain control over the brand's technology and intellectual property. Prospective Byrider franchisees should understand that they are only granted a limited, non-transferable license to use the software for their own business operations and cannot share it with others.