factual

Is a Circle K franchisee allowed to disassemble or decompile the TMC Software?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 2.2.4 Franchisee may not disassemble or decompile the TMC Software unless it has obtained TMC's prior written consent.

In some jurisdictions, TMC's consent may not be required for disassembly or decompilation.

Upon request, Franchisee will provide TMC with reasonably detailed information regarding any disassembly or decompilation.

Franchisee may not decrypt TMC Software unless decryption is a necessary part of the operation of the software.

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, a franchisee is generally prohibited from disassembling or decompiling the TMC Software. To do so, a franchisee must obtain prior written consent from TMC. However, in some jurisdictions, this consent may not be required. If a franchisee does disassemble or decompile the software, they must provide Circle K with reasonably detailed information about the process upon request.

This restriction is typical in franchise agreements where the franchisor licenses proprietary software to its franchisees. The purpose is to protect the franchisor's intellectual property and prevent unauthorized modifications or reverse engineering of the software. The clause regarding certain jurisdictions acknowledges that local laws may override this restriction in specific cases.

For a prospective Circle K franchisee, this means that they should not attempt to disassemble or decompile the TMC Software without first obtaining written permission from Circle K. If they are unsure whether their jurisdiction requires such consent, they should seek legal advice. Failure to comply with this provision could result in termination of the franchise agreement and potential legal action by Circle K.

It is also important to note that the franchisee may not decrypt TMC Software unless decryption is a necessary part of the operation of the software. This further restricts the franchisee's ability to tamper with or reverse engineer the software. These stipulations are in place to protect the integrity and security of the Circle K's systems and data.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.