Under what circumstances will Byrider have no liability to the licensee for alleged infringement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensor shall have no liability to Licensee if the alleged infringement is based upon a use other than of a current, unaltered version of the Licensed System available from Licensor or upon a use or combination of the Licensed System with programs or data not supplied by Licensor.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider will not be liable to the franchisee if the alleged infringement is based on something other than the current, unaltered version of the Licensed System available from Byrider. This also applies if the infringement is based on the use or combination of the Licensed System with programs or data not supplied by Byrider.
This means that Byrider franchisees must use the Licensed System as it is provided and keep it up to date. If a franchisee modifies the software or uses it with other software or data not provided by Byrider, they could be liable for any infringement claims that arise. This protects Byrider from liability due to unauthorized alterations or integrations made by the franchisee.
This section clarifies that Byrider's liability regarding infringement is limited to the specific conditions outlined in the agreement. It emphasizes the importance of using the Licensed System as intended and without unauthorized modifications or integrations. Franchisees should ensure they adhere to these guidelines to avoid potential liability issues and to maintain the protection offered by Byrider's intellectual property indemnification.