Under the Participation Agreement, who benefits from the agreement signed by the Even Hotels franchisee?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
This Participation Agreement is entered into by the party signing below ("you") for the benefit of the Microsoft affiliate ("Microsoft") and shall be enforceable against you by Microsoft in accordance with its terms. You acknowledge that Microsoft and Six Continents Hotels, Inc. ("customer") have entered into Microsoft Enterprise Enrollment, No. S1263062 (the "agreement"), under which you desire to sublicense certain Microsoft products. As used in this Participation Agreement, the term to "run" a product means to copy, install, use, access, display, run or otherwise interact with it. You acknowledge that your right to run a copy of any version of any product sublicensed under the agreement is governed by the applicable product use rights for the product and version licensed as of the date you first run that copy. Such product use rights will be made available to you by the customer, or by publication at a designated site on the World Wide Web, or by some other means. Microsoft does not transfer any ownership rights in any licensed product and it reserves all rights not expressly granted.
- I. Acknowledgment and Agreement.
You hereby acknowledge that you have obtained a copy of the product use rights located at http://www.microsoft.com/licensing/contracts applicable to the products acquired under the abovereferenced agreement; you have read and understood the terms and conditions as they relate to your obligations; and you agree to be bound by such terms and conditions, as well as to the following provisions:
- a) Restrictions on use.
You may not:
- i.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, the Microsoft Select Participation Agreement states that the agreement is entered into by the signing party, referred to as "you," for the benefit of the Microsoft affiliate, referred to as "Microsoft." The agreement is enforceable against the signing party by Microsoft in accordance with its terms. This means that while the Even Hotels franchisee ("you") is a party to the agreement, the primary beneficiary is Microsoft. The agreement acknowledges that Microsoft and Six Continents Hotels, Inc. have entered into a Microsoft Enterprise Enrollment, under which the franchisee desires to sublicense certain Microsoft products.
The Participation Agreement outlines the terms under which the franchisee can sublicense and use Microsoft products acquired through the Enterprise Enrollment between Microsoft and Six Continents Hotels, Inc. The franchisee's right to use any version of any product sublicensed under the agreement is governed by the applicable product use rights for the product and version licensed as of the date the franchisee first runs that copy. These product use rights are made available to the franchisee by the customer, or by publication at a designated site on the World Wide Web, or by some other means.
Microsoft retains all ownership rights in the licensed products and reserves all rights not expressly granted to the franchisee. The franchisee acknowledges having obtained a copy of the product use rights applicable to the products acquired under the agreement, understanding the terms and conditions as they relate to their obligations, and agreeing to be bound by such terms and conditions. The franchisee is restricted from certain uses of the products, as detailed in the agreement. IHG reserves the right to suspend the services if Hotel violates any material term of this Participation Agreement.