"MB-SP"
Escrow: Multiple
Beneficiaries Seperated Products
Use this type of escrow if the Owner offers
a plurality of software products (or other products),
but not all products are licensed or provided to each
and every Beneficiary. This type of escrow is similar
to the “MB” Escrow previously described,
but is modified to limit a Beneficiary’s escrow
rights to those products licensed or provided to that
Beneficiary.
One Escrow Agreement will govern all of the products
listed in the Agreement and all of the Beneficiaries
registered under the Agreement. The Owner may at any
time add additional products to the escrow and Agreement.
The Beneficiary registration procedure is similar to
the procedure described for the “MB” Escrow.
Each Beneficiary Registration Form indicates which products
are licensed to the Beneficiary. Each Beneficiary registers
under the escrow only for the products licensed to it
and will have no right to receive Deposit Materials
for other unlicensed products. Different Beneficiaries
may be registered for different combinations of the
Owner’s software products as shown below. Thus,
a single escrow and single escrow agreement accommodates
many products and eliminates the complexity and expense
of multiple escrows.


As shown below, the Owner separately submits to EscrowTech
the Deposit Materials for each product. A separate Deposit
Inventory Form is used for each product. A separate
set of Deposit Materials for each product is placed
into escrow. EscrowTech keeps the Deposit Materials
for each product separate from the Deposit Materials
for other products. If a Beneficiary becomes entitled
to a release, the Beneficiary will only receive the
Deposit Materials for the products 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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