"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.

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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:

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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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