What is the condition for the Epcon Communities franchisee to continue paying the Technology Royalty?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not build, license, transfer, reproduce or duplicate in any way the Epcon Communities Works or any derivative thereof except as expressly provided for in this Agreement.
In the event that any documentation provided to Franchisee by Franchisor bears a copyright notice or other copyright management information, Franchisee shall not remove such notice from said documentation, and such notice shall be retained or reproduced in its exact form on all authorized copies and versions of such documentation, both in machine and human readable language.
Franchisee shall not distribute Franchisor's copyrighted documentation or the Epcon Communities Works to a third party, except as provided for in the Agreement or otherwise with specific written authorization from Franchisor. Franchisee agrees that its strict compliance with these provisions is a condition precedent to its license to utilize the Epcon Communities Works, and as such any use of such works in violation of any of these provisions is unauthorized and will be acts of copyright infringement.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
Based on the 2025 Epcon Communities Franchise Disclosure Document, the franchisee's strict compliance with the provisions regarding the use of Epcon Communities Works is a condition for the license to utilize these works. If a franchisee violates any of these provisions, their use of the works is considered unauthorized and constitutes copyright infringement.
Specifically, the franchisee cannot build, license, transfer, reproduce, or duplicate the Epcon Communities Works or any derivative, except as expressly provided in the agreement. If any documentation bears a copyright notice, the franchisee must not remove it and must reproduce it accurately on all authorized copies. Furthermore, the franchisee cannot distribute the franchisor's copyrighted documentation or the Epcon Communities Works to a third party without explicit written authorization, except as provided in the agreement.
These stipulations ensure that Epcon Communities maintains control over its proprietary materials and protects its intellectual property. For a prospective franchisee, this means adhering strictly to the guidelines provided by Epcon Communities regarding the use, reproduction, and distribution of the Epcon Communities Works. Failure to comply can result in the loss of license to use these works and potential legal repercussions for copyright infringement.