Software escrow FAQs

Common questions about our software escrow service

Are there any situations where software escrow isn’t appropriate?

Yes – we’ve seen situations where software escrow has been oversold, especially as awareness of it has grown in the software market.

For instance, software escrow may not be appropriate for:

Low value software where it would be easy and cheap to move to a similar equivalent package. The cost of simply switching suppliers will probably be smaller than trying to work with the source code itself.
Hosted software, including application service providers (ASPs). When software is provided as a service, it can be very complicated to bring that software in-house, because you have to switch from a hosted system to a local system.

This can involve a significant investment in infrastructure (like new computer equipment) and usually requires changes to the software itself.

The access fees for hosted software are generally lower than the licence fees you pay for local software, so the cost of switching suppliers may also be lower.

Complex systems using source code from a range of third parties. For instance, if one software company (the ‘prime contractor’) takes responsibility for developing, implementing, and managing a software solution that includes a number of third party software applications, those third parties are unlikely to want to place their code in escrow.
There is little benefit to the end user unless all parties agree to use escrow, so in this situation the costs will probably outweigh the potential benefits.

Are Intellect Enterprises services available to non-Intellect members?

Yes. Our services are open to anyone.

Does Intellect Enterprises check source code before it’s placed in escrow?

Our software escrow agreements do not include source code validation as standard. However, we do offer a source code validation service which is designed to be used alongside our escrow agreements.

Why should I test source code when placing it into escrow?

Source code validation provides confidence and peace of mind that the materials going into escrow can be used to build the software expected by the end user.

Source code validation assures the end user that the escrow agreement is valuable and useful to them.

Can a software escrow agreement be transferred?

Yes – as long as all parties agree. Just contact us to discuss how this works.

What can a user do with the source code once it has been released?

Our software escrow agreements place strict limits on how an end user may use source code which is released.

They may use it only to maintain their software application. They cannot copy it, remove copyright notices, sub-licence it or use it to offer a new product or service to another company.

Full terms and conditions are included in every software escrow agreement. Contact us if you’d like a copy.

What triggers the release of source code?

The release event(s) depend on which of our software escrow agreements is in place. Release events can include the software developer becoming insolvent or failing to provide agreed support.

How does Intellect store source code?

We keep it safe in a super-secure storage facility. Get full details of how we protect source code.

Can we change the software escrow agreement to suit our needs?

Yes, absolutely. Our flexible software escrow agreement can be tailored however you need it. Just contact us to discuss your requirements.

Is the software escrow service approved for government contracts?

Yes. Our software escrow service meets requirements of the Government Framework Agreement and is backed by one of the UK’s leading law firms.

Intellect members who are involved with public sector contracts have used our escrow service over the past 10 years.

Intellect Enterprises

Providing reliable software escrow, source code validation and copyright deposit services.

Always operating to the highest standards, we offer total flexibility without sacrificing value.

About us »

ISO 9001 Certified

Contact Us

Intellect Enterprises
Russell Square House
10-12 Russell Square
London
WC1B 5EE
T +44 (0)20 7331 2195
F +44 (0)20 7331 2040
E This email address is being protected from spambots. You need JavaScript enabled to view it.