“ML-SB” Escrow:
Multiple Licensors - Single Beneficiary

Use this escrow when a company that licenses various software products from various software licensors desires to have a single escrow agent selected by the company serve as the escrow agent for the source code and other Deposit Materials for the products it licenses or receives from these licensors.

The company in this case is the “Beneficiary” and the licensors are the “Licensors.” There is only one Beneficiary. Each Licensor is in effect an “Owner” as described above and deposits its source code and other Deposit Materials into the escrow. Only one master Escrow Agreement is signed by the Beneficiary and EscrowTech.



Each participating licensor is registered as a “Licensor” with EscrowTech by delivering a signed Licensor Registration Form to EscrowTech. Each Licensor Registration Form describes the Deposit Materials, Release Condition, and Permitted Use applicable to the Licensor and its product(s).


Each Licensor separately submits its Deposit Materials to EscrowTech. A separate Deposit Inventory Form is used by each Licensor. In this manner, a separate set of Deposit Materials from each Licensor is placed into a separate escrow corresponding to that Licensor only. EscrowTech keeps the Deposit Materials from each Licensor separate from the Deposit Materials for other Licensors. If the Release Condition applicable to a Licensor occurs, Beneficiary will only receive the Deposit Materials from the escrow for that Licensor, and is not entitled to other Deposit Materials in the other escrows.



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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