Who owns the proprietary rights to the Floyds 99 Program and its data?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
s behalf, the Franchisor reserves the right to charge the Franchisee for all expenses incurred by the Franchisor in connection with such Alteration including the Franchisor's travel, lodging, living expenses, telephone charges and other identifiable expenses (such as construction and materials), plus a fee based on the time spent by each of Franchisor's employees or agents on behalf of the Franchisee.
16. SOFTWARE LICENSE
16.1 Grant of License. The Franchisor will license one or more proprietary computer software programs (the "Software") to the Franchisee for use in the operation of the FLOYD'S 99 Shop, including any modifications or revisions thereto, all documentation (other than the Software) related to the Software, the tangible media upon which such programs are recorded and the database file structure thereof (collectively, the "Program"). The Franchisor hereby grants to the Franchisee a nonexclusive, nontransferable, fully paid license to use the Program (the "License") for the term hereof, and agrees to provide updates for the Program for the term hereof. The parties agree as follows:
- a. The Program shall be installed on the computer equipment designated by the Franchisor as meeting its specifications (the "Designated Equipment").
b. Except with the prior written consent of the Franchisor, the Program shall not be: (i) operated by persons other than the Franchisee and employees of the Franchisee; (ii) operated on more than one computer at a time; (iii) operated on equipment other than the Designated Equipment; or (iv) operated at locations other than the Franchised Location.
c. The Program shall be used only to perform information processing in the Franchisee's operation of the FLOYD'S 99 Shop and shall not be used to perform information processing for any other person, entity or business.
d. The Franchisee shall not, and shall not allow its employees or agents to: (i) sell, assign, lease, license, market or commercially exploit, in any way, the Program, any component thereof or any data generated by the use of the Program;
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, Floyds 99 owns the proprietary rights to the computer software program (the "Software") that the franchisor licenses to the franchisee for use in the operation of the Floyds 99 shop. This includes any modifications or revisions to the software, all documentation related to the software, the tangible media upon which the programs are recorded, and the database file structure. This complete package is referred to as the "Program."
Floyds 99 grants franchisees a nonexclusive, nontransferable, fully paid license to use the Program for the term of the franchise agreement and agrees to provide updates for the Program during the term. The franchisee can only use the Program on computer equipment designated by Floyds 99 and only to perform information processing in the operation of their Floyds 99 shop. The franchisee cannot use the program to perform information processing for any other person, entity, or business.
Furthermore, franchisees are prohibited from selling, assigning, leasing, licensing, marketing, or commercially exploiting the Program or any data generated by it. They also cannot disclose or grant access to the Program or its data to any third party without written approval from Floyds 99 and a written agreement of confidentiality. Franchisees are allowed to make one copy of the Program for backup purposes. However, franchisees can use the data generated by the Program to comply with laws and for customary business purposes.