Can the Floyds 99 Program be operated on equipment other than the Designated Equipment?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the Program, which refers to the proprietary computer software programs licensed to the franchisee, must be installed on computer equipment designated by Floyds 99 as meeting its specifications, referred to as the Designated Equipment.
Except with the prior written consent of Floyds 99, the Program cannot be operated on equipment other than the Designated Equipment. This means franchisees must use the specific hardware and software that Floyds 99 approves for running the point-of-sale system and other business operations.
This requirement ensures uniformity and compatibility across all Floyds 99 locations, allowing for standardized data collection, reporting, and technical support. While this limits the franchisee's choice of equipment, it also ensures that the systems are optimized for Floyds 99's specific needs and that technical support is readily available for approved hardware and software.