What obligations does a Remax customer have regarding the software and documentation upon expiration or termination of the software license agreement?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.3 Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, the license granted hereunder will also terminate, and, without limiting Customer's obligations under Section 4, Customer shall cease using the Software, delete or destroy all Documentation and certify in writing to the Licensor that the Documentation has been deleted or destroyed. No expiration or termination will affect Licensor's entitlement to all Fees that may have become due before such expiration or termination, or entitle Customer to any refund. This Section 10.3 and Sections 1, 2.5, 4, 5, 7.3, 8, 9, and 11 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, upon the expiration or termination of the software license agreement, a Remax customer must cease using the software. Additionally, the customer is obligated to delete or destroy all documentation related to the software. To ensure compliance, the customer must provide written certification to the licensor confirming that all documentation has been either deleted or destroyed.
This requirement ensures that Remax's proprietary software and related confidential information are protected after the agreement ends. By ceasing use of the software and destroying the documentation, the former franchisee prevents unauthorized access to and use of Remax's resources. This is a standard practice in franchising to safeguard intellectual property and maintain brand integrity.
It is important to note that the obligation to cease using the software and destroy documentation survives the termination or expiration of the agreement. This means that even after the franchise relationship ends, the franchisee remains responsible for these actions. Furthermore, the licensor retains the right to receive all fees that became due before the termination or expiration, and the customer is not entitled to any refunds.