"MB" Escrow: Multiple Beneficiaries


Leading Software Techniques
Use this escrow when there are two or more Beneficiaries for whom a master copy of the Deposit Materials can be placed in the escrow. A master Escrow Agreement is entered into by the Owner and EscrowTech. Beneficiaries can be added by the Owner to the escrow whenever the need arises. A Beneficiary Registration Form is used for this purpose.




To register a licensee as a Beneficiary, both the licensee and Owner sign a Beneficiary Registration Form and deliver it to EscrowTech. EscrowTech confirms each registration to the Beneficiary and Owner. A single software escrow serves all of the Beneficiaries.

The Agreement defines the Deposit Materials. The Deposit Materials are the same for each Beneficiary.

A Beneficiary’s Beneficiary Registration Form defines the Release Condition and Permitted Use for that Beneficiary. The Release Condition and Permitted Use may be different for different Beneficiaries.

For this type of escrow, the software licensed to the Beneficiaries should be the same.

The Owner may include one or more software products in this type of escrow, but the Deposit Materials are not separated by product, i.e., the Deposit Materials for all such software products may be released to each Beneficiary if a release occurs.

This type of escrow should not be used unless all Beneficiaries are licensed to use all of the software products for which Deposit Materials are placed into the escrow. Otherwise, upon the occurrence of the Release Condition some Beneficiaries may receive source code or other Deposit Materials for software not licensed to them. To solve this problem, use the MB-SP Escrow described below - where Deposit Materials are separated by product and Beneficiaries are registered by licensed product.


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.

Contact us for more info