During the initial setup of a software escrow, key aspects of the agreement need to be discussed and agreed upon. When should the escrow materials be released? What can the licensee do with the escrow materials once they are released? How often will the materials be updated? What testing should be conducted on the materials?Download a sample agreement
After a software escrow is setup, the escrow materials should be promptly delivered to EscrowTech. These materials should contain, but are not limited to, source code, documentation, and any other important materials required to get the software running, in the event of a release. Here is our suggested list of escrow materials.
EscrowTech makes the submission process easy with submission methods such as escrow synchronization, automated submission scripts via SFTP, and manual online and offline submission.How to Update a Software Escrow
Once EscrowTech has received the source code and other materials, we will store it safely in our secure escrow vaults, where it will await a mutually agreed-upon release condition to occur. These release conditions are often bankruptcy or failure to maintain the software.Sample Release Conditions
As new versions of the software are developed, corresponding updates to the escrow occur.
EscrowTech can automate this process, which keeps the escrow updated without requiring excessive time from the software owner's team.Escrow Synchronization
A release condition—such as the software vendor's bankruptcy—has occurred, and now the licensee needs the source code to continue using the critical piece of software.
EscrowTech will promptly release the materials to the licensee, following the terms agreed upon in the escrow agreement.
If a software license terminates without a release condition occurring, the materials can either be returned to the software vendor or destroyed, depending on the software vendor's wishes.
When negotiating a software license, a prudent licensee may ask, "What happens if the software vendor goes out of business?" What usually follows is a request to access the source code and any other critical materials used to maintain the software.
For a software vendor, a licensee having access to source code or other confidential materials is a risk to their business. How would a software vendor know the licensee will keep the source code safe and secret, and will not use it prematurely? What if dozens of licensees demand the source code?
For a licensee, not having access to the source code—and materials needed to maintain or update the software—is a risk to business. How would the licensee continue to use and maintain software it heavily depends on if the software vendor goes out of business, fails to meet its obligations, or any other unforeseen event occurs?
For over a quarter of a century, EscrowTech has helped thousands of customers all over the world with their software escrow needs.
When our standard agreements don't fit your unique situation, our in-house counsel can work with your attorney to create custom agreements.
Is the software escrow clause postponing your software license agreement? If so, EscrowTech can help you quickly set up an escrow in as little time as one day.
We employ our own internal developers, allowing for a higher level of specialized technical capabilities.
Upload source code, view account documents, pay bills, and more, all from the convenience of your web browser.
For over a quarter of a century, Escrowtech has securely stored over half of the Fortune 500's materials at our two secure escrow vaults.
Source code is securely stored at two separate physical locations. This approach ensures that your source code is never lost, and will always be available in the event of a release.
Predictable and fair, with no unpleasant surprises.
Thanks EscrowTech for over eight years of outstanding service. You have always been willing to go the extra mile for all the parties, but always keep the legal rights of the parties protected. EscrowTech has taken a software requirement which sometimes can be painful and made it a simple process. Keep up the good work.
Our experience of EscrowTech over the past 12 years has been a one of complete satisfaction. They are competent, affordable, responsive, and treat you personally in a professional and caring manner. They continue to make it easier to update registration materials, and follow up quickly with our clients whenever a new deposit is uploaded. A great, reliable experience.
Thanks for all the help. I appreciate how easy and accommodating it was to set up our escrow agreement. I look forward to future business