Can the franchisee make the Pump It Up Software available to any party?

1. upon execution hereof.

• 1. Franchisee shall use the Software only in the operation of the System at the location indicated above or other locations approved or designated in writing by Franchisor. Franchisee may not modify, copy, translate or reproduce in any form all or any part of the Software without the prior written consent of Franchisor. Such consent will be given solely to the extent required for use of the Software in the operation of the System. Franchisee shall not make available the Software, the user and operating manuals thereto, or any copy thereof to any party except as described below in Paragraph 4. Franchisee shall not reverse assemble, reverse compile or otherwise recreate the Software.
• 1. All copies of the Software, including any produced by Franchisee with Franchisor's consent, are and shall be the sole and exclusive property of Franchisor or authorized third parties during and after the term of this Software License. Franchisee acknowledges and agrees that Franchisor may secure all or any part of the Software from third parties. Franchisee agrees to execute and deliver to Franchisor any further contracts, agreements or other documents reasonably required by Franchisor in order to secure its compliance with any agreement with such other parties.
• 1. Franchisee understands and acknowledges that the Software contains Franchisor's trade secrets and agrees, during the term of this Software License and thereafter, not to communicate, divulge or use the Software other than in the operation of the System by Franchisee and its employees. Franchisee shall divulge and allow access to the Software only to those of its employees who must have access to it in connection with their employment in the System.

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