END-USERS

As a matter of risk management, end-users of licensed software often request the source code of the technology from software developers for protection against potential vendor defaults on support and/or maintenance. The software developer is resistant to offer the code to their client, due to the proprietary nature of the technology. A source code escrow arrangement, administered by Escrow Associates, will secure the specific source code with a neutral party who may release the escrowed technology to the end-user under the terms of a source code escrow agreement.

The critical issues to consider include:

• The initial costs of the software, including implementation and training
• The mission-critical nature of the software to the organization
• The unique nature of the software in the marketplace
• Support and maintenance structure of the software vendor
• Immediate alternatives to the software

The most commonly utilized software escrow agreement by end-users is the three-party software escrow agreement, which allows the end-user conditional access to the source code under the terms of the software escrow agreement. The software end-user, software vendor and Escrow Associates will execute the three-party escrow agreement, which dictates the manner in which the source code will be administered. Escrow Associates escrows the source code in a media vault facility, exceeding industry security standards.

Escrow Associates' commitment to you:

• Same-day contract review, in most cases
• Sample escrow contracts
• Customized escrow agreements accepted
• Media vaulting facility, exceeding industry security standards
• Toll-free support line
• Full-service customer service department

To reach one of our specialists on source code escrow about the appropriate escrow service for your needs, please complete our information request form
or call 1-800-813-3523.