For Embassy Suites, is the customer allowed to remove or obscure any copyright, trademark, or confidentiality notices affixed to any software?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
2.1.3 Customer will not remove or obscure any copyright, trademark, other mark or confidentiality notices affixed to any Software and will not modify it or combine it with or into any other program, data or device.
2.1.4 No legal or equitable title to or ownership of any of the Software or any proprietary rights therein are transferred to Customer under this Agreement other than the limited software license specified herein.
2.1.5 Customer acknowledges and agrees that the Software is owned by HSS, HSS' Affiliates and/or their respective licensors and that everything in the Software, including all intellectual property, is proprietary to HSS, HSS's Affiliates and/or their licensors, respectively.
Customer also acknowledges and agrees that HSS may, at its discretion, make changes in, and substitutions of, the Software.
Any new or additional Software made available to Customer by HSS is licensed to Customer under the terms of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, franchisees are explicitly prohibited from removing or obscuring any copyright, trademark, or confidentiality notices affixed to any software. This restriction is part of the software license agreement between HSS (Hilton Systems Solutions, LLC) and the franchisee. The franchisee is also not allowed to modify the software or combine it with any other program, data, or device. This ensures that the intellectual property rights of HSS, its affiliates, and licensors are protected.
This provision underscores that the franchisee receives only a limited software license and does not gain any ownership or title to the software itself. The software remains the property of HSS, its affiliates, and/or their licensors, and franchisees must acknowledge this ownership. Embassy Suites retains the right to make changes and substitutions to the software at its discretion. Any new software provided to the franchisee is also subject to the same licensing terms.
For a prospective Embassy Suites franchisee, this means they must adhere strictly to the terms of the software license. They cannot alter or tamper with any copyright or trademark notices, and they must maintain the confidentiality of the software. Failure to comply with these terms could result in a breach of the franchise agreement and potential legal consequences. Franchisees should ensure their employees are also aware of these restrictions and are bound by similar confidentiality obligations.
This type of clause is standard in franchise agreements involving software, as franchisors need to protect their intellectual property and maintain control over their systems. Franchisees should carefully review all software license terms and conditions to fully understand their obligations and limitations.