Is a Cool Binz licensee allowed to copy or reverse-engineer the Product?
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, referred to as the "Product" or "COOL BINZ Software". This restriction extends to both the whole and any part of the software. Furthermore, franchisees are not allowed to permit other parties to engage in such activities. This is outlined in the terms and conditions of the license agreement between Cool Binz and the franchisee.
Cool Binz retains full title to the Product, emphasizing that the franchisee's license is only for the use of the software. The license is granted on a quarterly basis and remains effective throughout the term of the Franchise Agreement. This underscores the importance of protecting Cool Binz's intellectual property rights and maintaining the confidentiality of the software.
The agreement emphasizes that the Product is Cool Binz's copyrighted property, representing a significant investment and a trade secret. Franchisees must take appropriate measures to ensure non-disclosure, including securing assurances from employees. Violation of these confidentiality terms can lead to termination of the agreement and potential legal action, including injunctive relief, to protect Cool Binz's proprietary rights.