Is a Dq Treat Participating Location allowed to sell or sublicense the Licensed Software or the SSS?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
ating Location will require kitchen display ceiling mounts, the Participating Location will be responsible for installing any additional support structures required to mount the kitchen displays.
3.0 Assumptions
- 3.1 PAR will not drill holes in counter tops.
- 3.2 PAR will not provide carpentry work.
- 3.3 Upon completion of the Pre-installation Site Survey, Participating location will be invoiced for the Site Survey Services. Participating Location agrees to pay for Preinstallation Site Survey in full even if the Participating Location does not purchase the PAR Brink POS System and POS Installation Services.
- 3.4 Only PAR-provided equipment (including their related cables, subcomponents, etc.,) will be installed.
SCHEDULE B to Participation Agreement
SUBSCRIPTION SOFTWARE SERVICES TERMS AND CONDITIONS
1. RESTAURANT POINT OF SALE SOFTWARE SERVICE.
- a. These Subscription Software Services ("SSS") Terms and Conditions ("SSS Terms") provides Participating Location with a license and right to use and access PAR's proprietary web-based restaurant point of sale software service.
- b. PAR will provide the Subscription Software Services or SSS through a hosted server environment and through a licensed desktop software client ("Licensed Software") that will act as the interface to the SSS. PAR hereby grants Participating Location a personal, non-transferable, and non-exclusive right and limited license to use the Licensed Software and all digital and printed documentation, training material, and other documentation and material provided by PAR to Participating Location ("Documentation") in connection with the SSS solely for the purpose of managing Participating Location's internal business.
2. USE OF SSS.
- a. Participating Location Support. PAR shall provide Participating Location with Level 1 and Level 2 Help Desk Support Services for the SSS as set forth in Exhibit A to this Schedule B.
- b.
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, a Participating Location is restricted from selling or sublicensing the Licensed Software or the SSS (Subscription Software Services). The terms explicitly state that the Participating Location is granted a personal, non-transferable, and non-exclusive right and limited license to use the Licensed Software and related documentation solely for managing the location's internal business.
This restriction means that franchisees cannot provide access to the software to any third party, including other businesses or individuals. The software and services are intended for the exclusive use of the franchisee in operating their Dq Treat location. This limitation is typical in franchise agreements to protect the franchisor's intellectual property and maintain control over the brand's technology ecosystem.
Furthermore, the agreement emphasizes that Participating Locations may not loan, lease, rent, disclose, sell, transfer, sublicense, or otherwise use, copy, or distribute copies of the Device Software or PARPay Service. This extends to all aspects of the software, including screens, content, graphics, or output, with the exception of printing reports and comparisons for the intended purpose. This ensures that the franchisee's usage remains within the bounds defined by the franchisor, preventing unauthorized exploitation or distribution of the software and services.