Software Escrow Services
What is Software Escrow?
Software escrow is the deposit of software's source code into an account held by a third party escrow agent. Escrow is typically requested by a party licensing software in order to ensure continued maintenance of the software. The source code is released to the Licensee if the developer files for bankruptcy or otherwise fails to maintain and update the software as promised in the software license agreement.
Licensee Protection
If a Licensee of mission-critical software is concerned that the software creator will, for some reason in the future, no longer support that software, then the Licensee can request that the source code be placed in a software escrow account with us at Advanced Records Management (ARM) as a trusted third party.
The Licensee will have the right to access the source code and support the software itself if certain pre-defined events occur. An escrow agreement also prevents the vendor's rights to maintain control over its intellectual property in the absence of such circumstances.
Contractual Agreements
Advanced Records Management offers the following standard agreements, which can then be customized to your specific needs and situation:
- Two-Party Agreement: a contract between the Depositor and ARM (Escrow Agent), naming software Licensee(s) as beneficiary
- Three-Party Agreement: A contract between the Depositor, Licensee(s) and ARM (Escrow Agent)