Does a Christian Brothers Automotive franchisee receive the right to use an item covered by a copyright from Christian Brothers Automotive?

WHEREAS, Franchisor as the result of great expenditure of time and effort has developed an effective system of establishing and operating an automotive repair business including business forms; software; bookkeeping and accounting materials and techniques; management and control systems; pricing and purchasing systems; office procedures; site selection techniques; staffing procedures; and, in general, a style, system, technique and method of business operation and procedure developed through and by reason of Franchisor's business experience (collectively the "System"); and

WHEREAS, Franchisor is the owner of all trademarks, trade names, service marks, copyrights and logo-types related to the System, including, but not limited to, those listed in Exhibit "B" (the "Marks"); and of certain techniques, know-how, trade secrets and procedures (the "Know-How"), all of which are used in connection with the establishment and operation of an automotive repair business including processes and techniques for selling and marketing such services, and quality control techniques and training programs; and

WHEREAS, Franchisor continues to expend time, skill and money to investigate and, if Franchisor deems it desirable, to develop and integrate into the System new procedures, systems, products, and services; and

WHEREAS, Franchisee has applied to obtain a license to operate one Christian Brothers

Automotive Corporation franchise in the Territory described in Section 2.01 of this Agreement for

the purpose of offering and selling Franchisor's services and products under the Marks, Know-

How and System; and

WHEREAS, the parties wish to enter into an Agreement upon the terms and subject to the

conditions set forth in this Agreement.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS AND

AGREEMENTS CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY

ACKNOWLEDGED, FRANCHISOR AND FRANCHISEE AGREE AS FOLLOWS:

1. GRANT OF FRANCHISE AND LICENSE.

1.01 Grant of Franchise. Franchisor hereby grants to Franchisee, and Franchisee accepts, a non-

exclusive license to operate one (1) Christian Brothers Automotive Corporation franchise

(the "Franchised Business") and, to use solely in connection therewith, the Know-How and

System (as they may be changed or developed from time to time), in the Territory (as

Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 56–57)