What is Christies International Real Estate's definition of 'Proprietary Software'?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) You will use in the Business the computer system which shall function and have the capability to interact with us and the System in accordance with our then-current information technology requirements as specified in the Operations Manual from time to time (the "Computer System"). In addition, you shall use the web-based proprietary software programs or applications we or our affiliates developed or that is developed for us by a third party (the "Proprietary Software"), to which we retain all right, title, and interest. You must use any Proprietary Software that we designate. The Proprietary Software will remain the confidential property of us or our third-party supplier. You may be required to enter into our or a third-party supplier's standard form computer software access or license agreement in connection with your use of the Proprietary Software or other software we determine is necessary for the Business. You must pay us or our third-party suppliers the initial and ongoing then-current license fee(s) related to your use of any Proprietary Software or other required software. We reserve the right to assign our rights, title and interest in any Proprietary Software or any software license agreement to a third party we designate, or to replace the Proprietary Software. In such event, you may be required to enter into a separate computer software license agreement specified by us or the third-party supplier of the Proprietary Software. The computer hardware component of the Computer System must have adequate specifications and be capable of operating the Proprietary Software and any other software we require, including cloud-based software. We may require you to make certain updates and modifications to the Computer System. Currently, we do not maintain direct access to the Customer Data in the Computer System. However, in the future, if changes in the Computer System or the methods in which we interact with our Affiliates or promote the System and network of Affiliates and offices operating under the Marks requires implementation of different data collection or reporting, we reserve the right to have access to the Computer System and Customer Data. You must have at the Business, Internet access with a form of high-speed connection as we require. You will be required to use and, at our direction, pay for all future updates, supplements, and modifications to the Computer System.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to Christies International Real Estate's 2025 Franchise Disclosure Document, Proprietary Software refers to web-based software programs or applications developed by Christies International Real Estate or its affiliates, or developed for them by a third party. Christies International Real Estate retains all rights, title, and interest in this software. Franchisees must use any Proprietary Software that Christies International Real Estate designates.
The Proprietary Software remains the confidential property of Christies International Real Estate or its third-party supplier. As a franchisee, you may be required to enter into a standard form computer software access or license agreement with Christies International Real Estate or a third-party supplier in connection with your use of the Proprietary Software or other software deemed necessary for the business. Franchisees must pay the initial and ongoing license fees related to the use of any Proprietary Software or other required software.
Christies International Real Estate reserves the right to assign its rights, title, and interest in any Proprietary Software or any software license agreement to a third party it designates, or to replace the Proprietary Software. In such an event, franchisees may be required to enter into a separate computer software license agreement specified by Christies International Real Estate or the third-party supplier of the Proprietary Software. The computer hardware component of the Computer System must have adequate specifications and be capable of operating the Proprietary Software and any other software Christies International Real Estate requires, including cloud-based software. Christies International Real Estate may require franchisees to make certain updates and modifications to the Computer System.