What does Remax represent regarding its ability to grant licenses and permissions for the Software and Additional BoldTrail Products?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.2 Licensor represents and warrants to Customer that: (a) it is incorporated or organized and is in good standing under the Laws of the state of its incorporation or organization; (b) it is legally able to enter into and perform its obligations under and make its representations and warranties in this Agreement and each Product Schedule (if applicable); (c) this Agreement and each Product Schedule (if applicable) does not and will not conflict with any other of Licensor's agreements, commitments, or obligations with or to another Person; and (d) it owns or has the right to use the Software and Additional BoldTrail Products and can grant all licenses and permissions granted under the Agreement and any Product Schedule(s) to Customer and its Authorized Users;
(e) its performance under this Agreement, the BoldTrail and any Product Schedule(s) does not and will not contravene any Laws, including any Data Protection Laws and (f) the Software, and Additional BoldTrail Products do not and will not infringe, violate or misappropriate the Intellectual Property rights of any Person; and (g) Licensor has not defaulted under, any license, agreement, or Intellectual Property owned or claimed by another Person, which license, agreement, or Intellectual Property is necessary for Customers to access and use the Software and Additional BoldTrail Products.
7. Limited Warranties and Warranty Disclaimer.
- 7.1 Licensor warrants to Customer that the Software ordered by Customer hereunder will substantially perform in accordance with the Documentation and will be free from material defects and that all professional services Licensor performs for Customer shall be performed in a professional and workmanlike manner in accordance with industry standards.
The warranty set forth in this Section 7.1 does not apply and becomes void if the alleged defect or issue arises from Customer's breach of any provision of this Agreement, or if Customer, any Authorized User, or any other person provided access to the Software by Customer or any Authorized User, whether or not in violation of this Agreement, including if such Authorized User: (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation; (ii) modifies or damages the Software; (iii) misuses the Software, including any use of the Software other than as specified in the Documentation or any BoldTrail Data.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, Remax represents and warrants that it owns or has the right to use the Software and Additional BoldTrail Products. Remax also represents that it can grant all licenses and permissions granted under the Agreement and any Product Schedule(s) to the Customer and its Authorized Users. This means Remax assures franchisees that it has the legal authority to provide them and their authorized users with the necessary licenses and permissions to use the software and related products.
This representation is crucial for prospective Remax franchisees because it confirms that they will have the legal right to use the software and products necessary for operating their franchise. It also implies that Remax has taken the necessary steps to ensure that the software and products do not infringe on the intellectual property rights of others. This assurance helps to mitigate potential legal risks for the franchisee.
However, the warranty set forth in Section 7.1 does not apply and becomes void if the alleged defect or issue arises from Customer's breach of any provision of this Agreement, or if Customer, any Authorized User, or any other person provided access to the Software by Customer or any Authorized User, whether or not in violation of this Agreement, including if such Authorized User: (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation; (ii) modifies or damages the Software; (iii) misuses the Software, including any use of the Software other than as specified in the Documentation or any BoldTrail Data.