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Source Code Escrow service

Protect your investments in Intellectual Property

What is Source Code Escrow?

Source code escrow (also referred to as software escrow) is the deposit of software source code with a neutral 3rd party software escrow agent.

How does Source Code Escrow work?

The software licensor securely deposits the application source code with the escrow agent. In the event that a vendor fails to meet the software license agreement or files for bankruptcy the source code can be released by the escrow agent to the licensee.

A source code escrow agreement is a contractual agreement that is drawn up between; the licensor/s, the licensee/s and the escrow agent. The agreement defines the boundaries of the source code escrow. If the terms of the escrow agreement are upheld then the deposited source code will remain safe and secure with the software escrow agent.

Why would you need a Source Code Escrow Agreement?

The advantages of a source code escrow follow:

  • The source code escrow protects your vital business applications and software
  • It lowers the risk of investing in software that you do not own
  • It is considered an imperative part of your business risk management and business continuity plans

Release conditions

The Source Code Escrow service entitles you to gain access to product source code in the following circumstances:

  • We go out of business and you are therefore unable to maintain your application software
  • We officially stops supporting the software product and you are therefore unable to maintain your application software
  • We sell our product to another software publishing company and they fail to offer an equivalent source code escrow service to the existing Source Code Escrow Service customers

How do you get access to Source Code?

If one of the three events described above occurs - you will engage a legal counsel and provide the agent with a legally sworn statement giving the agent the reasons and the supporting evidence why you believe the product source code should be released to you. The Agent then checks and validates that what you have said is true and that you are a current subscriber to the relevant escrow service. If the Agent agrees that the product source code should be released to you - the Agent will do so.

What usage restrictions are on the Source Code once it is released to you?

There are severe restrictions on the usage of the source code once released to you. You get no title or rights of ownership to the source code. You can only use the source code to maintain your software application. You may not copy it, remove copyright notices, you may not sub-license it to other people, you may not use it to create a product or offer a service to another company etc. You can only give access to the source code to employees or contractors on a 'need to know' basis and you also agree to indemnify us and our successors against any loss.

What does the Source Code Escrow service cost?

See the official price list.

Contact our Sales Team to request a copy of the standard Source Code Escrow service agreement.

Our Source Code Escrow service partner is:

Lincoln-Parry SoftEscrow, Inc.
Distribution Department
8 Faneuil Hall
3rd Floor
Boston, MA 02109