Software and Technology Escrows protect savvy or prudent licensees, customers and users of software, technology, products and intellectual property, and can be adapted to fit a wide variety of situations and needs. For our description of software and technology escrows see “Understanding Software and Technology Escrows - What, How and Why.”

Our software and technology escrows typically involve an Owner (the licensor, vendor or developer), at least one Beneficiary (the licensee, customer or user), and EscrowTech as the escrow agent.

EscrowTech can accommodate almost any situation where an escrow of software, technology, documents, drawings, intellectual property, products, prototypes, etc. is needed or useful. In addition to escrows for conventional software licenses, we do escrows for a wide variety of situations, including ASPs and other hosted environments, e-commerce transactions, intellectual property licensing in all areas (chemical, biotech, electrical, mechanical, etc.), works of authorship (architectural, drawings, etc.), databases, encryption keys, passwords, settlements, etc.

Types of Escrows offered by EscrowTech

A Software or Technology Escrow can include just one Beneficiary or can be designed accommodate two or more Beneficiaries.

A “Single Beneficiary” Escrow allows for only one Beneficiary.

SB                “Single Beneficiary”

A “Multiple Beneficiaries” Escrow allows for two or more Beneficiaries. These escrows come in a variety of types, including the following:

MB               “Multiple Beneficiaries - Unseparated Products”
MB-SP          “Multiple Beneficiaries - Separated Products”
MB-SE          “Multiple Beneficiaries - Separate Escrows”
MB-Min         “Multiple Beneficiaries - Minimum Service”
MB-Min-SP    “Multiple Beneficiaries - Minimum Service”

There is also a “Multiple Licensors – Single Beneficiary” Escrow to accommodate two or more licensors of different software products all of which are licensed to one Beneficiary.

ML-SB          “Multiple Licensors - Single Beneficiary”

Escrows can be customized to accommodate other situations and a variety of Deposit Materials. Call EscrowTech for a “no cost” and “no obligation” consultation with one of our experts. Click below for more information regarding the different types of escrow services.


Standard Inspection of Deposit Materials

All escrows include a “standard inspection” of Deposit Materials at no extra cost.

Each time Owner submits Deposit Materials to EscrowTech, Owner provides a Deposit Inventory Form with the Deposit Materials. The Deposit Inventory Form is signed by a representative of Owner and is Owner’s representation to Beneficiary and EscrowTech that the tangible media (e.g., CD ROMs, magnetic tapes, etc.) containing the Deposit Materials do in fact contain the Deposit Materials described or identified on the Deposit Inventory Form.

EscrowTech will send to Owner and Beneficiary a written confirmation that the Deposit Materials have been received. This confirmation will be accompanied by a copy of the Deposit Inventory Form.

EscrowTech conducts a Physical Audit of the Deposit Materials which consists of reviewing the Deposit Inventory Form and visually checking the tangible media containing the Deposit Materials for any discoverable discrepancy with the form. A discovered discrepancy will be reported in writing to both the Owner and the Beneficiary. This does not include an examination of the code or other content of the tangible media. Examination of content is technical verification and is not included in the escrow fees.

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