Software Escrow
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What is software escrow?



A software escrow contract is a legally binding contract under which:

  • A party responsible for maintenance of software (referred to as the "owner") agrees to deposit the software source code with an independent third party ("escrow agent");

  • The escrow agent agrees to keep the source code safe, secure, and confidential;

  • And, if an agreed "release event" takes place (typically the insolvency of the owner), the escrow agent agrees to give the source code to the software user(s) to enable the user(s) to maintain and support the software themselves.

What can be protected by software escrow? 

  • Standard and bespoke software products
  • Applications that run internally or are run externally, by a service provider
  • Bespoke software products under development
  • Websites that are being developed or maintained by an external supplier

 
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