What are the restrictions on a Dq Treat Participating Location's use of the Licensed Software or the SSS?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
tion required to be disclosed by law or the court order.
5. PROPRIETARY RIGHTS.
- a. Reservation of Rights by PAR. The software, workflow processes, user interface, designs, know-how, Licensed Software and Documentation, and other technologies provided by PAR as part of the SSS are the proprietary property of PAR and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with PAR. PAR reserves all rights therein unless expressly granted in theses SSS Terms. PAR shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the SSS any suggestions, enhancement requests, recommendations or other feedback provided by Participating Location or its users relating to the operation of the SSS.
- b. Participating Location Restrictions. Participating Location may not:
- i. Use the SSS or the Licensed Software and Documentation beyond its internal operations;
- ii. Reverse engineer the SSS or the Licensed Documentation;
- iii. Remove or modify any proprietary marking or restrictive legends in the SSS or Licensed Software and Documentation; or
- iv. Access the SSS or use the Licensed Software and Documentation to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
- c. **Participating Location Owned Data.
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 FDD, a Participating Location faces several restrictions regarding the use of the Subscription Software Services (SSS) and Licensed Software. The Participating Location may only use the SSS and Licensed Software and Documentation for its internal operations. They are prohibited from reverse engineering the SSS or Licensed Documentation, removing or modifying any proprietary markings, or using the SSS or Licensed Software to create a competitive product.
Specifically, Dq Treat locations cannot directly or indirectly access or use the Licensed Software or the SSS to process data or information for any entity other than the Participating Location itself. They are also barred from using the SSS as a service bureau, or from selling, reselling, sublicensing, loaning, renting, or leasing the Licensed Software or the SSS.
Furthermore, Dq Treat locations are not allowed to use the SSS to store or transmit infringing, unsolicited marketing emails, libelous, unlawful, or tortious material, or any material that violates third-party rights. They must not interfere with the integrity or performance of the SSS, nor attempt to gain unauthorized access to the SSS or its related systems or networks. These restrictions are designed to protect the proprietary nature of the software and ensure it is used solely for the benefit of the individual Dq Treat franchise.