What does Clear Pest Pros warrant regarding the Clear Pest Pros software when delivered to the licensee?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor grants a renewable license ("License") to Licensee, upon the terms included in this Agreement and subject to all the terms of a Franchise Agreement between Franchisor and Licensee signed concurrently with this Agreement.
Licensee shall, during the term of this Agreement and upon the start of their Clear Pest Pros franchised business, pay Franchisor a recurring fee. The amount of this fee may change periodically at the discretion of Franchisor. Failure to make any payment shall result in the immediate termination of this License.
TERMS AND CONDITIONS
-
- 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.
-
- Title: Title to the Product shall remain with Franchisor.
-
- Term: This License is a quarterly license.
It shall automatically renew each quarter and shall remain in effect throughout the term of the Franchise Agreement between Franchisor and Licensee.
-
- Copies and Listings: The Licensee shall not copy or reverse-engineer the Product in whole or in part, nor shall it permit other parties to do so.
-
- Protection of Product: Licensee agrees not to make available to any party the Product or any of its parts.
Licensee agrees to take appropriate action with its employees and any other parties to obtain assurances of non-disclosure consistent with this Agreement.
- Licensee recognizes that the Product is Franchisor's copyrighted property, represents a large investment of human and financial resources by Franchisor, is a trade secret of Franchisor, and is confidential information.
Licensee agrees to keep the Product, and all related materials, confidential.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Clear Pest Pros does not provide an explicit warranty for the Clear Pest Pros software. Instead, the agreement focuses on granting a renewable license to use the software and outlining the terms and conditions associated with that license. The franchisee is granted a license to use the Clear Pest Pros Franchise Management Software System, including all subsequent upgrades, on their computer.
The franchisor retains title to the software, and the license is quarterly, automatically renewing each quarter as long as the Franchise Agreement remains in effect. The franchisee is prohibited from copying, reverse-engineering, or making the software available to any third party. The franchisee also acknowledges that the software is Clear Pest Pros's copyrighted property, a trade secret, and confidential information, and they agree to keep it confidential.
Prospective Clear Pest Pros franchisees should note that they are responsible for maintaining the computer system necessary to run the software and for keeping the software up to date with any upgrades or modifications directed by the franchisor. Given the absence of an explicit warranty, it would be prudent for potential franchisees to inquire about the reliability of the software, the frequency and nature of updates, and the support provided by Clear Pest Pros in case of software malfunctions or issues.