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Software Escrow Services.

Software Escrow is a form of assurance for licensees and software owners alike. A legally binding agreement is formed between software owner, end user (Licensee) and escrow provider (SES) as the neutral third party.

The objective of an Escrow is to protect and maintain the user's business continuity and software owners Intellectual Property Rights (IPR), while upholding contractual obligations and codes of best practice.

Within the Escrow Agreement there are several trigger events which if occur would result in the end user gaining access to the licensed source code.

Trigger Events

• Cease Trading or Liquidation
• Failure to maintain the Escrow Agreement
• If the Licensor assigns IPR to another owner and they do not uphold or provide suitable coverage to that provided by the Escrow Agreement

What can be protected by Escrow

• Standard Applications
• Bespoke Applications
• Applications under development
• 3rd party Websites
• Applications operated by a Service Provider
• Distributor and Reseller Agreements

Why Software Escrow

Software Owner benefits

• Confirmation of IPR ownership
• Flexibility of Contracts, SES can develop the Escrow Contract to meet the circumstances of the relationship between Owner and User
• Secure more business
• The Escrow Contract is simple to establish and cost effective
• Additional Business Continuity for customers
• Increase the value of the Application

There are also many other benefits to Escrow, such as affirming relationships between owners and users, peace of mind for all involved, with watertight contracts meeting both parties requirements.

Licensee Benefits

• Protect Initial and future Investment
• Business Continuity fulfilment
• Escrow Source Code Protection against the Software Owner if they were to:
1. Go into Liquidation or Receivership
2. Fail to maintain or support the application
3. Sell the IPR to another party and they will not sign or take over existing Escrow contracts
• The Escrow Contract is simple to establish and cost effective.
• Testing Services, (CV) Complete Validation, proof that the Source Code can be built into the target application.
• Flexibility of Contracts, SES can develop the Escrow Contract to meet the circumstances of the relationship between Owner and User

Why SES

• Cost effective
• Easy to Implement Agreements
• Unrivalled Storage Facilities
• Comprehensive Testing Services
• No Increased Annual Fees
• Full Non standard Terms
• Dedicated Account Management.
• Free Deposits (to an annual limit).

In conclusion Software Escrow is the leading and fastest growing protection for business software in the market place today.

If you require any further information or have a query please email us or contact a consultant direct on 01625 260620.