As defined in the Dq Treat FDD, what are 'Intellectual Property Rights'?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
All capitalized terms used in these Terms, to the extent not defined elsewhere in these Terms, shall have the following meanings: "Participating Location" means the location within the Dairy Queen or Orange Julius franchise systems which chooses to purchase Equipment and license and receive access to software through the PAR Solution by signing the Participation Agreement. "IncoTerms" means the International Commercial Terms. "Intellectual Property Rights" are all patents, patent applications, trademarks, inventions (whether or not patentable), know-how, designs, mask works, processes, methodologies, service marks, copyrights and copyrightable works, trade secrets, data, designs, manuals, training materials and documentation, formulas, knowledge of processes, methods, products and product specifications and all other intellectual property rights as these terms are understood under Law, including any modifications, adaptations, adjustments, enhancements, updates, improvements, alterations and corrections thereto and other derivative works thereof. "Law" means any federal, state, county or local law, ordinance, statute, rule, or regulation to the extent it applies to either party, its property, or its obligations in connection with this Participation Agreement. "PAR" means ParTech, Inc., a New York corporation. "Warranty" means collectively, the Equipment Warranty and the Installation Warranty. "Warranty
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Intellectual Property Rights are comprehensively defined within the context of the PAR Solution, particularly concerning software and equipment used by participating locations.
Specifically, Intellectual Property Rights encompass a wide array of assets, including patents, patent applications, trademarks, inventions (whether patentable or not), know-how, designs, mask works, processes, methodologies, service marks, copyrights and copyrightable works, trade secrets, data, designs, manuals, training materials and documentation, formulas, knowledge of processes, methods, products, and product specifications. This definition extends to all other intellectual property rights as understood under the law.
Furthermore, the definition includes any modifications, adaptations, adjustments, enhancements, updates, improvements, alterations, and corrections made to these items, as well as any derivative works. This broad definition ensures that all aspects of intellectual creation and innovation related to the Dq Treat system and its operation are protected. For a Dq Treat franchisee, understanding this definition is crucial, as it outlines the scope of assets that are legally protected and highlights the importance of adhering to the franchisor's guidelines regarding their use and protection.