Can a Circle K franchisee modify the TMC Software?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not modify the TMC Software or disable any licensing or control features of the TMC Software.
If TMS grants Franchisee the TMC Software license for "concurrent use", Franchisee may not allow more than the maximum number of authorized users to use the TMC Software concurrently.
- 2.2.2 The TMC Software is owned and copyrighted by TMC, its Affiliate(s), or its thirdparty suppliers.
TMC has the right to license the use of the TMC Software to Franchisee.
The license to Franchisee hereunder confers no title or ownership in the TMC Software and is not a sale of any rights in the TMC Software.
TMC, its Affiliate(s) and/or its third-party suppliers may protect their rights in the TMC Software if Franchisee violates any of these license terms.
- 2.2.3 Franchisee may only make copies or adaptations of TMC Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the TMC Software.
Franchisee must reproduce all copyright notices in the original software on all copies or adaptations.
Franchisee may not copy the TMC Software onto any bulletin board or similar system.
- 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, franchisees are explicitly prohibited from modifying the TMC Software. The agreement states that a franchisee "may not modify the TMC Software or disable any licensing or control features of the TMC Software." This restriction is in place to maintain uniformity and control over the Circle K systems.
This restriction is further reinforced by the stipulation that franchisees must use only software designated by TMC as part of the Circle K Systems, and they need prior written consent from TMC to use any additional software. This ensures that all software used within a Circle K franchise is approved and compatible with the overall system.
While franchisees can make copies or adaptations of TMC Software for archival purposes or when it is essential for authorized use, they must reproduce all copyright notices from the original software on any copies or adaptations. This exception does not allow for altering the software's functionality or core programming, only for creating backup copies or enabling its basic operation.
Furthermore, franchisees are prohibited from disassembling or decompiling the TMC Software without prior written consent from TMC, although this requirement may vary depending on the jurisdiction. These measures collectively ensure that the integrity and standardization of the TMC Software are maintained across all Circle K franchise locations, and that franchisees do not compromise the system's functionality or security through unauthorized modifications.