“MB-SE” Escrow:
Multiple Beneficiaries - Separate Escrows


Use this type of escrow if different software or different versions or customizations of the software are licensed to different Beneficiaries. Under such circumstances, the Deposit Materials needed by Beneficiary #1 will be different from the Deposit Materials needed by Beneficiaries #2, #3, etc. Therefore, separate escrows of different Deposit Materials are needed.

This type of escrow is similar to the “MB” Escrow previously described, but is modified by providing that a separate escrow is established for each Beneficiary and its unique set of Deposit Materials. Only one master Escrow Agreement is signed by the Owner and EscrowTech. This one Agreement will govern all of the escrows established under the Agreement and all of the Beneficiaries registered under the Agreement.

Owner may include as many software products as it desires to the escrow of a given Beneficiary at no extra cost.



The Beneficiary registration procedure is similar to the procedure described for the “MB” Escrow. The primary difference is that the Beneficiary Registration Form will identify the Deposit Materials applicable to that Beneficiary. Each Beneficiary registers under the escrow only for the Deposit Materials designated for that Beneficiary and its escrow. The Beneficiary will have no right to receive Deposit Materials for other Beneficiaries.

Owner separately submits to EscrowTech the Deposit Materials for each Beneficiary. A separate Deposit Inventory Form is used for each Beneficiary. In this manner, a separate set of Deposit Materials for each Beneficiary is placed into a separate escrow for that Beneficiary only. EscrowTech keeps the Deposit Materials for each Beneficiary separate from the Deposit Materials for other Beneficiaries. If a Beneficiary becomes entitled to a release, the Beneficiary will only receive the Deposit Materials for which the Beneficiary is registered.


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.

Click Below to view other forms of a Software Escrow Service.

 

Notice from our Legal Department:

Because of the variety and complexity of software and technology escrows, these are only an introduction for general informational purposes and are not part of any contract. Actual escrow procedures, terms and conditions may be different. Any escrow will be governed exclusively by the actual escrow agreement.


EscrowTech International, Inc.
Canopy Data Center Building
333 South 520 West, Suite 230
Lindon, UT 84042

Tel. (801) 852-8202 Fax (801) 852-8203

mail@escrowtech.com www.escrowtech.com


Other Services from EscrowTech:

Technical Verification
IP Archives
IP Audit Trails
IP Collateral and Investment Protection
IT (Information Technology) Evaluation and Testing
IT (Information Technology) Dispute Resolution


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