What is Software Escrow?
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What is Software Escrow?
Software Escrow also known as Source Code Escrow is a three-party agreement between a software vendor (the depositor), the end user (beneficiary) and the source code escrow agent (The Escrow Company). The objective of a software escrow agreement is to safeguard your investment by ensuring the long-term availability of third-party software and data, all while maintaining the software vendor’s Intellectual Property Rights (IPR).
SaaS Escrow is similar to a source code escrow agreement but provides continuity for cloud hosted software usually hosted within AWS, Microsoft Azure or Google Cloud. The SaaS Escrow solution may include:
- Verified SaaS Escrow – Everything you will need to recover the SaaS environment -Verified on an annual basis.
- Software Escrow for SaaS including a deposit of all the components required to deploy the software to a cloud environment including source code, deployment scripts and databases.
- SaaS Access Continuity – The access credentials to the cloud production environment deposited and verified for continuity.
- Managed SaaS Continuity Escrow – this SaaS Escrow solution provides a redundant operating environment of the SaaS software that can be quickly spun up in the event of a release situation.
The SaaS Escrow agreement outlines the responsibilities of all the parties and includes pre-defined release conditions.
The Escrow Company’s SaaS Continuity Escrow solutions can be hosted in the following regions:
- United Kingdom
- Republic of Ireland (EU)
- Australia
- USA
- Canada
- Other regions available upon request
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What are typical software escrow release conditions?
The release conditions usually include (these may be amended):
- Insolvency;
- Bankruptcy;
- Discontinuing support or service of the software application;
- Failure to support the product that is licensed to the Beneficiary and then failing to cure such a material breach within 10 days of notice;
- Transfer of IP rights to a third party who does not provide the same level of protection provided for in the escrow agreement.
If a release condition occurs, the beneficiary can apply to the escrow company to release the software code. The depositor has the opportunity to dispute such a release condition and if necessary, the dispute may be moved to arbitration.
What Type of Agreement Do You Need ?
We offer a range of free template agreements which provide a good starting position to negotiate a fair software escrow agreement.
What Is the Software Escrow Deposit?
Depositing data is a critical component of the software escrow agreement. As a leading global vendor of software escrow services, we understand that the process needs to be simple and secure.
We offer our clients two methods to deposit data with us.
Automatic Deposit From Git
The software vendor can automatically upload the source code from their Git repository using SSH encryption. This process ensures that The Escrow Company always maintains an up to date version of the source code. We support all popular Gits including GitHub, Bitbucket, GitLab, Azure DevOps (TFS) and more.
Cloud Deposits
We provide all our customers with a client to securely upload their files via secure FTP to our servers. All the data is encrypted while in transit and at rest. We utilize the power of AWS and Microsoft Azure multiple-region storage to provide source code and data storage within the UK, USA, EU, Australia, Asia and other regions according to our clients’ requirements.
Types of Clients
Escrow London has a full understanding of the different client types that require software escrow solutions. We are not just a service provider, we are your partner and will work with you to support your needs and your transactions at whatever level.
Why do lawyers have confidence in The Escrow Company?
The Escrow Company recognizes the value of a lawyer’s time and the importance of efficiency in maintaining client satisfaction. We are committed to providing your clients with outstanding service and top-tier security to safeguard their data and intellectual property. Our turnaround time is swift—typically offering same-day service for agreement reviews. Additionally, we offer a range of free template agreements designed to accommodate most software escrow scenarios. Understanding that agreements often require customization, we take pride in our flexibility and responsiveness to revisions, ensuring they align with clients’ specific needs
Providing confidence to lawyers
- High Level Security – Your clients’ source code is their “crown jewels”. You want to be sure that they are always protected.
- Automated Deposits – by automating deposits, your clients are ensured that updates of code occur according to the original expectations of both the depositor and the beneficiary.
- Speedy Turnaround – We ensure that all our agreements are reviewed quickly usually providing same day turnaround.
- Template Agreements – We have a wide array of free template agreements.
Why do software vendors have confidence in The Escrow Company?
The Escrow Company recognizes that your source code is your most valuable asset and deserves the highest level of protection. We are committed to providing our clients with top-tier information security and data protection. As a company focused on software vendors, we understand the challenges they face when negotiating software license agreements. That’s why we make the process of implementing a software escrow agreement simple and efficient. Additionally, we offer multi-beneficiary agreements, ensuring you are always covered when clients request that your code be placed in escrow.
Providing confidence to software vendors
- High Level Security – Your source code is their “crown jewels”. You want to be sure that it’s always protected.
- Automated Deposits – We encourage our software vendor clients to integrate with our automated deposits directly from their git repos.
- Simple Agreements – We provide a range of free template agreements for every type of escrow requirement.
- Professional Service – We understand that you are very busy and that your time is valuable. The service we provide is efficient and pleasant.
Why do beneficiaries have confidence in The Escrow Company?
The Escrow Company recognizes that a software escrow agreement is only valuable when the source code and deposit materials remain current and accurate. That’s why we have integrated automated Git deposits as a standard feature in all our agreements. This ensures that the software vendor’s source code is continuously updated and securely stored within The Escrow Company’s servers, providing seamless protection and reliability.
Providing confidence to beneficiaries
- Automated Deposits – This ensures that the deposited source code is always upto date and securely stored in escrow.
- Simple Agreements – We provide a range of free template agreements for every type of escrow requirement.
- Verification Services – We provide a range of verification and testing services to ensure that the deposited code is accurate and usable.
Looking to implement a secure software escrow solution?
- Automate deposits directly from Git such as GitHub, Bitbucket etc
- Expert in Saas Continuity within AWS, Azure and GCP
- Global footprint with offices in London (HQ) UK, Atlanta, USA, and Sydney, Australia.
Leading Companies Trust The Escrow Company
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