Does a Dq Treat Participating Location acquire any proprietary rights in the Device Software or the PARPay Service according to the PARPay Terms?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. DEVICE SOFTWARE PAR, or the third party licensor where applicable, retain title to the Device Software and the PARPay Service, including, without limitation, all copies and audiovisual aspects of the PARPay Service, and all rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights inherent in and appurtenant to the Device Software and the PARPay Service, including any derivative works developed by Participating Location or PAR either jointly or individually. Participating Location shall not, by virtue of these PARPay Terms or otherwise, acquire any proprietary rights whatsoever in the Device Software or the PARPay Service, which shall be PAR's confidential information and the sole and exclusive property of PAR, or the third party licensor where applicable. Any right not expressly granted to Participating Location by these PARPay Terms is expressly reserved by PAR. To the fullest extent permissible under applicable law Participating Location may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Device Software or the PARPay Service. Participating Location may not modify, rent, lease, loan, sell, distribute or create derivative works based on the PARPay Service or the Device Software.
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 the 2025 Dq Treat Franchise Disclosure Document, a participating location does not acquire any proprietary rights in the Device Software or the PARPay Service. PAR, or its third-party licensor, retains complete title to the Device Software and the PARPay Service. This includes all copies, audiovisual aspects, and intellectual property rights such as patents, copyrights, trademarks, and trade secrets. These protections extend to any derivative works developed by either the participating location or PAR, whether jointly or individually.
Because Dq Treat participating locations do not acquire any proprietary rights, they are explicitly prohibited from actions like copying, modifying, creating derivative works, reverse engineering, selling, assigning, sublicensing, or transferring any rights in the Device Software or PARPay Service. They also cannot modify, rent, lease, loan, sell, distribute, or create derivative works based on the PARPay Service or the Device Software. Any rights not expressly granted to the participating location are reserved by PAR.
This arrangement is typical in franchise systems where the franchisor wants to maintain strict control over its proprietary technology and brand. By retaining all proprietary rights, Dq Treat ensures consistency and quality across all locations and protects its intellectual property from unauthorized use or modification. This also allows Dq Treat to update or change the Device Software and PARPay Service without needing the consent of individual franchisees.