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Software Escrow

Escrow Agreements


In order to proceed, you will need to download our terms of business and order form; these two documents form the escrow contract. Please read below details about single and multiple agreements, and how to go about making the contract.

Order Form (pdf 25KB) more»

Terms of Business
(pdf 29KB) more»

Terms of Business Staggered Release – distributor agreement, please read page 4 of the Terms of Business (pdf 46KB) more»

Terms of Business with Material Breach clause
– the owner commits a material breach of its maintenance obligations (see clause 6.1.7) (pdf 30KB) more»

Terms of Business with Audit clause - the user is entitled to undertake a reasonable audit at the Owner’s premises (see clause 4) (pdf 30KB) more»

Terms of Business with Audit and Material Breach clauses - the user is entitled to undertake a reasonable audit at the Owner's premises (clause 4);the owner commits a material breach of its maintenance obligations (clause 6.1.7) (pdf 31KB) more»

There are three types of escrow service agreement available from Intellect Enterprises:

1. Single agreement
The most common arrangement – a three party agreement between Intellect Enterprises, the owner, and the user.

2. Multiple agreement
Most useful where a owner wishes to deposit source code for the benefit of multiple users. Additional users can be added at a later date.

3. Staggered agreement
To be used when an owner, user(s) and a distributer need to be a party to the contract.

These agreements constitute legally binding contracts.

Making the contract
Take the following simple steps:

  • decide whether you want a single, multiple or staggered agreement
  • read the Terms of Business displayed on this website
  • complete the escrow order form and submit it to Intellect Enterprises enclosing a copy of the source materials
  • Intellect Enterprises will respond within 3 working days, if Intellect Enterprises' response is an acceptance of your order, a binding contract comes into existence at that time
  • you can convert a single agreement to a multiple agreement by submitting a new order form, quoting your agreement number
  • where there is a multiple agreement, you can add new users by completing further orders
  • you are responsible for providing Intellect Enterprises with updates to the source code as and when you make new releases/versions of the software available to users

 


 
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