Is the Clear Pest Pros software license granted to other parties who use the same computer as the licensee?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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- License Grant: Franchisor grants to Licensee a renewable License to use the Clear Pest Pros Franchise Management Software System ("Product" or "Clear Pest Pros Software"), and all subsequent upgrades, on Licensee's computer.
This License does not extend to other parties, even if they use the same computer.
Franchisor reserves the right to issue new modules, which may be separately licensed.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 FDD, the Clear Pest Pros franchise management software license is granted specifically to the licensee and does not extend to other parties, even if they use the same computer. This means that only the franchisee who has been granted the license has the right to use the software. This restriction is in place to protect Clear Pest Pros's intellectual property and maintain control over who can access and use their proprietary software.
This condition has important implications for a prospective Clear Pest Pros franchisee. The franchisee must ensure that the software is only used by authorized personnel and on authorized devices. Sharing the software with unauthorized users, even within the same location or on the same computer, would be a breach of the license agreement. Clear Pest Pros also reserves the right to issue new modules, which may be separately licensed, so franchisees should be aware of potential additional costs for accessing new features or functionalities.
This type of restriction is common in franchise agreements, particularly for software that is central to the operation of the business. Franchisees are often required to maintain strict control over the use of proprietary software to prevent unauthorized access, copying, or distribution. Clear Pest Pros also emphasizes that the software is the franchisor's copyrighted property, represents a significant investment, is a trade secret, and is considered confidential information, further justifying the need for these restrictions.
Clear Pest Pros requires the franchisee to take appropriate action with its employees and any other parties to obtain assurances of non-disclosure consistent with the agreement. The franchisee is responsible for ensuring that anyone with access to the software understands and complies with the terms of the license agreement. This includes implementing measures to prevent unauthorized use or disclosure of the software and its related information.