What form does Devon Creek require for software license agreements?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
an individual, residing at | | ("Principal(s)"). | and Principal(s) shall be collectively referred to in | | this Agreement as the "Franchisee". | | WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Devon Creek franchised business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, use software, and use telephone listings linked to the Devon Creek brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Listings
- 2.1 Interest in Web Sites, Social Media Accounts, Other Electronic Listings and Software. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet web sites, the right to hyperlink to certain web sites and listings on various internet search engines, and the right to use certain software (collectively, "Electronic Advertising and Software") related to the Franchised Business or the Marks.
- 2.2 Interest in Telephone Numbers and Listings.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Devon Creek Franchise Disclosure Document, the specific form or attachment for software license agreements is not explicitly detailed. However, the FDD does state that as a franchisee, you are required to use software and that you may acquire the right to use certain software related to the franchised business. Devon Creek also requires franchisees to pay all fees and expenses for technology, including license fees, whether to Devon Creek or to third-party vendors.
As a franchisee, you are responsible for maintaining adequate hardware and software to access the internet at the speed required by Devon Creek. You must also maintain the security and integrity of the computer and payment processing systems used in your franchised business. This includes implementing necessary security procedures and updates to protect your systems and data.
While the FDD does not specify the exact format of the software license agreements, it emphasizes that you must comply with the terms and provisions of the Franchise Agreement, which includes using approved software and adhering to Devon Creek's technology requirements. It is important to note that Devon Creek has sole discretion and control over its website, and franchisees have no ownership rights to it.
To gain a clearer understanding of the specific forms and requirements for software licensing, a prospective franchisee should directly ask Devon Creek for a sample copy of the software license agreement, a list of approved software, and detailed information on all associated fees and expenses.