Under what circumstances can a Circle K franchisee make copies or adaptations of the TMC Software?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, a franchisee can only make copies or adaptations of the TMC Software under specific conditions. The franchisee is permitted to create copies or adaptations for archival purposes. Additionally, they can do so if copying or adaptation is an essential step in utilizing the TMC Software as authorized. However, franchisees must reproduce all copyright notices that appear on the original software on any copies or adaptations they make.
It is important to note that franchisees are prohibited from copying the TMC Software onto any bulletin board or similar system. Furthermore, they cannot disassemble or decompile the software without obtaining prior written consent from TMC, although this requirement may vary depending on the jurisdiction. If disassembly or decompilation occurs, the franchisee must provide TMC with reasonably detailed information about it upon request. Decrypting the TMC Software is also prohibited unless it is a necessary part of the software's operation.
These restrictions are typical in franchise agreements to protect the franchisor's intellectual property and ensure consistent system-wide operations. Franchisees should be aware of these limitations and adhere to them to avoid violating the terms of their franchise agreement with Circle K. Failure to comply with these terms could lead to termination of the software license and potentially the franchise agreement itself.