What is the Cool Binz licensee prohibited from doing with 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.
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- Assignment and Sub-Licensing: This License shall not be assigned or sub-licensed by Licensee, except with the prior, specific written consent of Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz FDD, the licensee is restricted in several ways regarding the COOL BINZ Franchise Management Software System, referred to as the "Product." The licensee cannot copy or reverse-engineer the Product, either in full or partially, nor can they allow other parties to do so. This prevents unauthorized duplication or attempts to understand the underlying code or structure of the software.
Additionally, the Cool Binz licensee is prohibited from making the Product, or any parts of it, available to any other party. They must also take appropriate measures with their employees and other parties to ensure non-disclosure, aligning with the confidentiality terms of the agreement. This highlights the importance of maintaining the confidentiality and proprietary nature of the software.
Furthermore, the licensee is not allowed to assign or sub-license the license to use the Product without obtaining prior written consent from Cool Binz. This ensures that the control and usage of the software remain strictly with the approved licensee and prevents unauthorized distribution or use by third parties. These restrictions collectively aim to protect Cool Binz's intellectual property and maintain the integrity of their software system.