For Carls Jr., what is the required action regarding the use of the Licensed Program and Content?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 1 LICENSE
- 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.
ARTICLE 2 SUPPORT SERVICES
- 4.2 Distribution. Except as explicitly provided in this Agreement, Licensee shall not: (a) make available or distribute all or part of the Licensed Program or Content to any third party by assignment, sublicense or by any other means; (b) copy, adapt, reverse engineer, decompile, disassemble, or modify, in whole or in part, any of the Licensed Program or Content; or (c) use the Licensed Program or Content to operate in or as a time- sharing, outsourcing, or service bureau environment, or in any way allow third party access to the Licensed Program or Content.
- 4.4 Unauthorized Disclosure. Licensee shall notify Licensor immediately upon discovery of any prohibited use or disclosure of the Confidential Information, or any other breach of these confidentiality obligations by Licensee, and shall fully cooperate with Licensor to help Licensor regain possession of the Confidential Information and prevent the further prohibited use or disclosure of the Confidential Information.
Source: Item 23 — RECEIPTS (FDD pages 76–364)
What This Means (2025 FDD)
According to the 2025 Carls Jr. Franchise Disclosure Document, franchisees are granted a non-exclusive, non-transferable license to use online websites and web-based applications to access the Licensed Program and Content. This access is solely for internal operations at each franchised restaurant where the franchisee is 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 franchisee. All data and reports generated from the franchisee's use of the Licensed Program and Content are owned solely by the franchisor.
Carls Jr. franchisees must use the Licensed Program and Content strictly for the purposes expressly permitted by the franchisor in writing and in compliance with the standards issued in writing by the franchisor. Franchisees are required to follow any written instructions provided by the franchisor when accessing the Licensed Program and Content. The franchisee acknowledges that the vendor owns or licenses the Licensed Program, while Carls Jr. owns the Content. All intellectual property rights related to the Licensed Program and Content remain the property of the licensor, vendor, or other third parties, and franchisees are prohibited from altering or deleting any intellectual property notices or proprietary marks.
Franchisees are prohibited from distributing the Licensed Program or Content to any third party through assignment, sublicense, or any other means, except as explicitly provided in the agreement. They cannot copy, adapt, reverse engineer, decompile, disassemble, or modify any part of the Licensed Program or Content. Additionally, franchisees are not allowed to use the Licensed Program or Content in a time-sharing, outsourcing, or service bureau environment, or allow third-party access to it. Franchisees must immediately notify Carls Jr. upon discovering any unauthorized use or disclosure of confidential information or any breach of confidentiality obligations and must fully cooperate with Carls Jr. to regain possession of the confidential information and prevent further prohibited use or disclosure.