factual

Is the Pump It Up franchisee allowed to reverse assemble or reverse compile the software?

Pump_It_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall not reverse assemble, reverse compile or otherwise recreate the Software.

Source: Item 23 — RECEIPTS (FDD pages 60–225)

What This Means (2025 FDD)

According to Pump It Up's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from reverse assembling, reverse compiling, or otherwise recreating the software provided to them. This restriction is part of the software license agreement that Pump It Up franchisees must adhere to. The software is provided in object code form, and franchisees are granted a nonexclusive, nonassignable license to use it solely for operating the Pump It Up System at approved locations.

This restriction is in place because the software contains Pump It Up's trade secrets. Franchisees acknowledge this and agree not to use the software in any way other than for operating their franchise. They also agree not to disclose the software to anyone outside of their employees who need access for their job duties. Pump It Up can request franchisees to have their employees sign confidentiality agreements to further protect the software.

This is a common practice in franchising, as franchisors need to protect their intellectual property and proprietary systems. Allowing franchisees to reverse engineer the software could compromise these protections. Pump It Up retains sole and exclusive ownership of all copies of the software, including any modifications made with their consent. Franchisees must also take precautions to protect the confidentiality of the software, similar to how they protect their own confidential information.

Pump It Up can disable the software and deny access to related databases if a franchisee breaches the franchise agreement or the software license agreement. This further underscores the importance of adhering to the terms of the software license. Franchisees are responsible for notifying Pump It Up immediately if they become aware of any unauthorized knowledge, possession, or use of the software.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.