Under the Pump It Up Software License Agreement, what is the 'Software'?

According to Pump It Up's 2025 Franchise Disclosure Document, the 'Software' under the Software License Agreement is defined as 'Party Operational Services ("POps") v. 1'. This software is integral to the operation of a Pump It Up franchise.

The agreement specifies that Pump It Up may update this software with enhancements, upgrades, or replacements, which they will make available to the franchisee at a reasonable cost. The franchisee is granted a nonexclusive, nonassignable license to use the computer programs in object code form. This means the franchisee can use the software, but they cannot transfer the license to someone else.

The franchisee is obligated to use the software only for operating the Pump It Up System at approved locations. They are prohibited from modifying, copying, translating, or reproducing the software without prior written consent from Pump It Up. The agreement also restricts the franchisee from making the software available to any third party and from reverse engineering it. All copies of the software remain the property of Pump It Up or authorized third parties.