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For both parties, software escrows mitigate the inherit risk in software licenses by storing source code and other critical materials with an independent, neutral, third-party escrow agent. This independent and neutral storage is the key in mitigating risk to all parties involved.
Technology escrow is a service that mitigates the risk of technology acquisition. With an escrow contract, software source code or other IP from the developer is placed in a secure escrow account held by an escrow agenta trusted independent third party.
A SaaS Escrow Agreement is a simple tri-party arrangement with mutually agreed terms between the SaaS vendor, customer and NCC Group. Under the terms of the Agreement, the vendor deposits the materials required to access, restore or rebuild your SaaS application and unique data into NCC Groups secure virtual vault.
A source code escrow agreement typically instructs the agent to release the source code to the licensee if and when a specified event occurs, such as the licensor becoming insolvent or defaulting on its maintenance obligations under the principal license agreement. Resource ID 6-502-4093. 2022 Thomson Reuters.
Software escrow is usually requested by the buyers, who intend to ensure the continuity of the software maintenance over time, even if the software house that has developed the application goes out of the business or fails to maintain and update the code.
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A Software Escrow Agreement protects your investment by guaranteeing the long-term availability of third-party software and data while preserving the developers Intellectual Property Rights (IPR).
This works by having a Software Vendor deposit their source code with an agent of an escrow account, who will then store it in a secure location, either offline or in-house in a secured cloud environment. Then, if a release event occurs, the agent will release the licensees source code.
Escrow is a legal concept describing a financial agreement whereby an asset or money is held by a third party on behalf of two other parties that are in the process of completing a transaction. Escrow accounts are managed by the escrow agent.
Escrow is still relevant for the cloud. Escrow for SaaS applications addresses the short-term risk of no access to cloud-hosted software AND relevant data. A SaaS escrow agreement provides additional protection for the licensee. CSPs and software vendors are not responsible for your application and data.
The objective of a software escrow agreement is to provide comfort to the end user that if the software developer is unable or unwilling to support the software, the code can be released to them. The agreement outlines the responsibilities of all the parties and includes the pre-defined release conditions.

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