Is a Cool Binz licensee allowed to copy or reverse-engineer the Cool Binz Franchise Management Software System?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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.
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- 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. Licensee will use its best efforts, including any reasonable security precautions as Franchisor may request, to insure that the proprietary rights of Franchisor are preserved to the fullest extent possible under the law. In addition to the right to terminate this Agreement, Franchisor shall be entitled to seek appropriate injunctive relief in the event of any violation of the confidentiality of its copyrighted materials, and to bring an action at law where appropriate.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from copying or reverse-engineering the COOL BINZ Franchise Management Software System. The terms and conditions of the Franchise Management Software License Agreement state that the licensee cannot copy or reverse-engineer the software, either in whole or in part, nor can they allow other parties to do so. This restriction is in place to protect Cool Binz's intellectual property rights and maintain the integrity of their proprietary software.
Cool Binz retains full title to the software, emphasizing that franchisees are granted a license to use the software rather than ownership. The software license is granted on a quarterly basis and remains effective throughout the term of the Franchise Agreement. Franchisees are also responsible for preventing unauthorized access to the software and must take appropriate measures to ensure its confidentiality. This includes securing assurances of non-disclosure from employees and any other parties who may have access to the software.
Cool Binz considers the software a valuable asset, representing a significant investment in human and financial resources. As such, franchisees must treat the software and all related materials as confidential information. Cool Binz reserves the right to seek legal remedies, including injunctive relief, in the event of any breach of confidentiality or copyright infringement. This underscores the importance of adhering to the terms of the software license agreement and protecting Cool Binz's proprietary information.