Can the franchisee reproduce the Pump It Up Software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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.
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.
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 reproducing the software used in their business operations. The Software License Agreement states that franchisees may not modify, copy, translate, or reproduce the software in any form without the franchisor's prior written consent. Any permitted reproduction is solely for the operation of the Pump It Up System.
This restriction is further reinforced by the stipulation that all copies of the software, including those produced with the franchisor's consent, remain the exclusive property of the franchisor or authorized third parties. Franchisees acknowledge that the software contains trade secrets and agree not to use or divulge it in any way other than in the operation of their Pump It Up System.
Additionally, franchisees are prohibited from reverse assembling, reverse compiling, or otherwise recreating the software. This ensures that the proprietary nature of the software is protected and that franchisees cannot create derivative works or compete with the franchisor using the software's underlying code or structure. Violation of these terms could lead to disabling of the software by the franchisor.