Under what conditions is a Del Taco licensee permitted to make a copy of the software?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee may make one back-up copy of the Software for archival or backup purposes only provided that all titles, trademarks, copyright, proprietary and restricted rights notices shall be reproduced in any such copy and any such copy shall be subject to the terms of this Agreement. Licensee shall not otherwise copy, de-compile, reformat, duplicate or disassemble all or any portion of any component of the Software, or otherwise attempt to reproduce the source code thereof or its equivalent. Licensee shall not, under any condition, copy the Documentation without Del Taco's prior written consent. Licensee shall not attempt to circumvent any anti-copy or other security measure adopted by Del Taco.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a licensee is permitted to make one backup copy of the software under specific conditions. This copy is strictly for archival or backup purposes.
The licensee must reproduce all titles, trademarks, copyright, proprietary, and restricted rights notices on the backup copy. This ensures that Del Taco's intellectual property rights are protected even in the backup. The backup copy remains subject to all the terms and conditions outlined in the franchise agreement, meaning the licensee cannot use the backup copy in any way that violates the original agreement.
The agreement explicitly prohibits licensees from copying, decompiling, reformatting, duplicating, or disassembling any part of the software. They also cannot attempt to reproduce the source code or circumvent any anti-copy or security measures implemented by Del Taco. Furthermore, licensees are not allowed to copy the documentation without Del Taco's prior written consent.
These restrictions are typical in franchise agreements to protect the franchisor's intellectual property and maintain control over the software's use and distribution. A Del Taco franchisee should be aware of these limitations and ensure they comply with them to avoid breaching the franchise agreement.