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Software Escrow

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

The objective of Software Escrow is to protect and maintain software availability and support for the users and to protect the 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 they occur, would result in the end user gaining access to the licensed source code.

Trigger Events

Cease Trading or go into liquidation or receivership
Failure to maintain the software or Escrow Agreement
The Licensor assigns IPR to another owner and they do not uphold or provide suitable coverage to that provided by the Escrow Agreement.

Please note that trigger events can be predefined to suit customer requirements.

What can be protected by Escrow

Standard Applications
Bespoke Applications
Applications under development
3rd party Websites
Applications operated by a Service Provider
Designs and Technical Drawings

Software Owner Benefits

Confirmation of IPR ownership
Flexibility of Agreements, SES can develop the Escrow Agreement to meet the circumstances of the licensing arrangement between the Owner and User
Secure and win more business with Escrow
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:

a) Cease trading or go into Liquidation or Receivership.

b) Fail to maintain to maintain the software or Escrow Agreement.

c) Sell or assign the IPR to another party who will not uphold the Escrow Agreement

The Escrow Contract is simple to establish and cost effective
Testing Services, (CV) Complete Validation, prove that the Source Code can be built into the target application
Flexibility of Agreements, SES can develop the Escrow Agreement to reflect the specific 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 fastest growing form of protection for business software in the market place today.