Does Kidokinetics have the right to modify, upgrade, or create fixes to the Proprietary Software?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
If such a claim is made or appears possible, Franchisor may, at its option, secure for Franchisee the right to continue to use the KIDOLINK Software or modify or replace the KIDOLINK Software so that it is non-infringing.
IN ADDITION, FRANCHISOR SHALL HAVE NO LIABILITY FOR INADVERTENT INTERRUPTION, DISABLING, OR UPDATE OF THE PROPRIETARY SOFTWARE.
(b) No Customization. Franchisor prohibits Franchisee from customizing or authorizing customizations of the KIDOLINK Software
(i) Updating to Current Version. Franchisee must only use current versions of the KIDOLINK Software; provided, ,however, Franchisee may use prior versions if prior versions are necessary to support the current version. Current version may include an upgrade to a version requiring an additional fee after the effective date of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics retains the right to modify, upgrade, or replace the KIDOLINK Software. The franchisee is prohibited from customizing or authorizing customizations to the software. Kidokinetics may elect to defend the franchisee against claims that the software infringes on patents, copyrights, or trade secrets, and may modify or replace the software to be non-infringing.
Kidokinetics can also update the software to current versions, which may include upgrades that require additional fees after the agreement's effective date. However, Kidokinetics will not be liable for inadvertent interruptions, disabling, or updates of the proprietary software.
If a third party claims that the MOBILNK Software infringes any U.S. patent, copyright, or trade secret, Kidokinetics may elect, in its sole discretion, to defend Franchisee against such claim at Franchisor's expense and pay all damages that a court finally awards, provided that Franchisee promptly notifies Franchisor in writing of the claim, and allows Franchisor to control, and Franchisee cooperates with Franchisor in, the defense or any related settlement negotiations. If such a claim is made or appears possible, Kidokinetics may, at its option, secure for Franchisee the right to continue to use the KIDOLINK Software or modify or replace the KIDOLINK Software so that it is non-infringing.