Software Escrow

Software escrow protects software application source code, including web sites and web applications.

Available where a software application has been specifically written or amended for use by one licensee and also for standard 'off-the-shelf' applications where the same software is used by a number of licensees, allowing multiple licensees to register on one agreement set up by the supplier.

A specific agreement is also available to cover software under development ensuring regular deposits of code are made during the development process.

Software Escrow is of interest for all companies and organizations using business critical software. In other words, software which is important for the business continuity such as tailor made enterprise software. The intellectual property rights of the products remain unimpaired with the supplier's.

The escrow contract is the starting point of every escrow arrangement. Before materials can be provided or verification can commence, all parties involved need to reach an agreement on many imperative matters. Such as: a) who are the parties (supplier, beneficiary and Escrow Europe), b) what is being deposited, c) which verification level, d) what are the release grounds, e) how many updates are deposited per year, f) what happens when parties do not stick the agreement.

There are two types of Software Escrow agreements:

• 3-Party agreement
  This agreement is intended for one user as the only beneficiary. The agreement is closed between supplier, one user and Escrow Europe. Read on
• 2-Party frame-agreement
  This is an agreement between supplier and Escrow Europe. All licensees/users of the software supplier automatically become a beneficiary of the escrow contract. Read on

Our most comprehensive Escrow Solutions include expert Verification Testing which provides assurance that should a release of software source code or other material be required, it will be immediately useable.