Are there any agreements that significantly limit Byrider Franchising Partners' right to use copyrighted materials?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
There currently are no effective determinations of the Copyright Office (Library of Congress) or any court regarding any of the copyrighted materials. Nor are there any agreements currently in effect that significantly limit Byrider Franchising Partners' right to use or authorize others to use the copyrighted materials.
Microsoft software products may be provided to you as a service by Byrider Franchising Partners, including computer software, associated media, printed materials, and "online" or electronic documentation (collectively "Software Products"). All title and intellectual property rights in and to the Software Products are owned by Microsoft or its suppliers.
Byrider Franchising Partners claims copyrights in 5 manuals, which rights were assigned from Byrider Franchising in September 2024: Sales Operations (TXu 1-714-594), CNAC Operations (TXu 1-715-293), J.D. Byrider/CNAC Reports (TXu 1-714-652), Service Operations (TXu 1-714-673), and J.D. Byrider/CNAC Accounting Operations (TXu 1-715-294), all granted on December 16, 2010 (the "Manuals"). In addition, Byrider Franchising Partners claims copyrights in two computer programs: Discover (TX6-082-231) granted on November 8, 2004; and Discover v.2 (TXu 1-719-153) granted on March 8, 2011.
You may not use Byrider Franchising Partners' confidential information in an unauthorized manner either during or after the term of the Franchise Agreement and must take reasonable steps to prevent its disclosure to others.
Source: Item 14 — (FDD pages 54–55)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, there are currently no agreements that significantly limit Byrider Franchising Partners' right to use or authorize others to use the copyrighted materials. Byrider claims copyrights in 5 manuals, which rights were assigned from Byrider Franchising in September 2024: Sales Operations, CNAC Operations, J.D. Byrider/CNAC Reports, Service Operations, and J.D. Byrider/CNAC Accounting Operations, all granted on December 16, 2010. In addition, Byrider claims copyrights in two computer programs: Discover granted on November 8, 2004; and Discover v.2 granted on March 8, 2011.
However, the FDD also states that Microsoft software products may be provided to franchisees as a service by Byrider, and these products are licensed to Byrider from Microsoft. Byrider does not own the Software Products and the use thereof is subject to certain rights and limitations of which you need to be informed. The franchisee's right to use the Software Products as a service is pursuant to their agreement with Byrider and is subject to their understanding of and compliance with the customer license terms provided to them.
This means that while Byrider owns the copyrights to its core operational manuals and software, franchisees must adhere to the licensing terms for any Microsoft software they use as part of the Byrider system. It is important for prospective franchisees to carefully review and understand these Microsoft licensing terms to ensure compliance and avoid any potential copyright infringement issues. Franchisees should also be aware that they cannot use Byrider's confidential information in an unauthorized manner either during or after the term of the Franchise Agreement and must take reasonable steps to prevent its disclosure to others.