Can an Embassy Suites By Hilton franchisee remove copyright notices from the software?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer will not permit the Software and related documentation to be used or accessed by anyone other than Customer's employees or contractors pursuant to Section 2.1.2 (b) who are bound by obligations of confidentiality no less stringent than those set forth herein.
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.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, franchisees are explicitly prohibited from removing or obscuring any copyright, trademark, or confidentiality notices affixed to any software provided to them. Furthermore, franchisees cannot modify the software or combine it with any other program, data, or device. This restriction is in place to protect the intellectual property rights of HSS, HSS's affiliates, and their licensors, who own the software.
This provision ensures that the integrity and proprietary nature of the software are maintained. It prevents unauthorized alterations or misuse of the software, which could potentially infringe on the rights of the owners. The agreement also clarifies that franchisees are granted only a limited software license and do not acquire any ownership or title to the software itself.
For a prospective Embassy Suites By Hilton franchisee, this means they must adhere strictly to the terms of the software license agreement. They cannot tamper with the software's copyright notices or attempt to modify it in any way. Failure to comply with these terms could result in a breach of the franchise agreement and potential legal consequences. Franchisees should ensure that their employees and contractors who have access to the software are also aware of and abide by these restrictions, as they are bound by similar obligations of confidentiality.