For what purpose can the Carls Jr. Licensee use the Licensed Program and Content?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.1 License. Licensor grants Licensee a non-exclusive, non-transferable license to use the online Web sites and Web-based applications set forth on Exhibit A to access the Licensed Program and Content offered under the terms of this Agreement solely for Licensee's internal operations at each Franchised Restaurant at which Licensee remains Franchisor's franchisee in good standing ("License"). Licensor has the right to add, modify and/or remove features and elements of the Licensed Program and Content from time to time, without notice to, or the consent of, Licensee. Any data and reports generated by Licensee's use of the Licensed Program and Content are owned solely by Licensor.
- 1.2 Use of Licensed Program and Content. Licensee shall use the Licensed Program and Content solely for the purposes Licensor expressly permits from time to time in writing and in strict compliance with the standards issued in writing from time to time by Licensor. When accessing the Licensed Program and Content, Licensee shall follow any instructions issued in writing by Licensor.
- 1.3 Ownership; Proprietary Rights. Licensee acknowledges and agrees that (a) Vendor owns or is the licensee of the Licensed Program and Licensor owns the Content; and (b) the copyright, patent, trademark, trade secret, and all other intellectual property rights of whatever nature in the Licensed Program and Content are and shall remain the property of Licensor, Vendor or other third parties, as applicable, and nothing in this Agreement should be construed as transferring any aspects of such rights to Licensee or any third party. Licensee shall not alter or delete the intellectual property notices or any other proprietary legends or marks as may be specified on the Licensed Program and Content.
Source: Item 23 — RECEIPTS (FDD pages 76–364)
What This Means (2025 FDD)
According to the 2025 Carls Jr. Franchise Disclosure Document, a licensee is granted a non-exclusive, non-transferable license to use the online websites and web-based applications to access the Licensed Program and Content. This access is specifically for the licensee's internal operations at each franchised restaurant where the licensee remains a franchisee in good standing with Carls Jr. The franchisor retains the right to modify or remove features of the Licensed Program and Content without notice or consent from the licensee, and all data and reports generated through the licensee's use of these resources are owned solely by the franchisor.
The Carls Jr. franchisee must use the Licensed Program and Content strictly for the purposes expressly permitted in writing by the franchisor and in compliance with the standards issued in writing by the franchisor. Franchisees must adhere to any instructions provided by Carls Jr. when accessing the Licensed Program and Content. The licensee acknowledges that the vendor owns the Licensed Program, while Carls Jr. owns the content, and all intellectual property rights remain the property of the licensor, vendor, or other third parties.
This agreement clarifies that the licensee does not gain any ownership or intellectual property rights to the Licensed Program and Content. The licensee is prohibited from altering or deleting any intellectual property notices or proprietary marks on the Licensed Program and Content. This ensures that Carls Jr. maintains control over its proprietary information and systems, while the franchisee is granted limited access for operational purposes within the scope of their franchise agreement.