What must a Caring Senior Service franchisee do before providing employees access to the SOFTWARE?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
offices for as long as this Agreement remains in effect. FRANCHISEE agrees and consents to the terms contained herein regarding its use of the SOFTWARE and any related Confidential Information. The use terms provided hereunder shall cease immediately if FRANCHISEE violates the terms contained in Paragraphs 4 above and 6 below. In such instance, FRANCHISEE'S use of the SOFTWARE shall terminate immediately upon written notice provided by CSSFP.
RESTRICTIONS ON USE.
Except with CSSFP' written permission, FRANCHISEE shall not:
i.) sublicense, export or otherwise transfer the SOFTWARE;
ii.) provide remote processing or service bureau services utilizing the SOFTWARE;
iii.) decompile, disassemble or reverse engineer the SOFTWARE;
iv.) remove or permit to be removed from CSSFP's proprietary information, any proprietary, confidential, or copyright notices, markings or legends; or
vi.) copy the Software or database except for archival backup purposes.
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FRANCHISEE'S BUSINESS RESPONSIBILITY.
FRANCHISEE agrees that CSSFP has no responsibility whatsoever for the conduct of FRANCHISEE'S business.
FRANCHISEE agrees that any reliance upon the SOFTWARE provided under this Agreement shall not diminish FRANCHISEE'S responsibility for compliance with laws, rules or regulations pertaining to FRANCHISEE'S business.
FRANCHISEE releases, defends and indemnifies CSSFP, its directors, officers, agents, employees, contractors and suppliers, from any third party claim related to the foregoing.
DEFAULT.
Should FRANCHISEE fail to pay any amount within thirty (30) days of the invoice date, CSSFP shall have the right to add interest at the rate of one (1%) percent per month (or, if such amount is in excess of applicable laws, the maximum allowable amount) on all amounts past due.
CSSFP may disable FRANCHISEE'S SOFTWARE access should there be any amounts outstanding more than sixty (60) days.
VERIFICATION AND AUDIT.
At CSSFP's request, FRANCHISEE shall furnish CSSFP with a sworn and notarized certification verifying that the Software is being used in a manner permitted by provisions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 FDD, a Caring Senior Service franchisee must agree and consent to the terms regarding the use of the SOFTWARE and any related Confidential Information. These terms cease immediately if the franchisee violates the terms in Paragraphs 4 and 6 of the franchise agreement. If these terms are violated, the franchisee's use of the SOFTWARE terminates immediately upon written notice from CSSFP.
The franchisee is restricted from sublicensing, exporting, or transferring the SOFTWARE, providing remote processing or service bureau services utilizing the SOFTWARE, decompiling, disassembling, or reverse engineering the SOFTWARE. Additionally, the franchisee cannot remove any proprietary, confidential, or copyright notices from CSSFP's proprietary information, nor can they copy the Software or database except for archival backup purposes, unless they have written permission from CSSFP.
The franchisee is responsible for compliance with laws, rules, or regulations pertaining to their business, regardless of any reliance on the SOFTWARE. The franchisee also releases, defends, and indemnifies CSSFP from any third-party claim related to the SOFTWARE. CSSFP may disable the franchisee's SOFTWARE access if there are any amounts outstanding for more than sixty (60) days. At CSSFP's request, the franchisee must furnish a sworn and notarized certification verifying that the Software is being used as permitted by the agreement.