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Software escrow

Our law firm assists clients in risk management pertaining to software development and procedure by ensuring the safety of users of critical software applications and establishing a robust escrow agreement.

The Jurisconsul software escrow practise area refers to the legal evaluation of critical assets and software source code escrow.

Key features of the escrow services provided by the Jurisconsul software are as follows:

  • Escrow Agreements: Developing and negotiating software escrow agreements in which the escrow arrangement's terms and conditions are determined, in particular the extent of the materials that have been deposited, encompassing source code, documentation, and additional vital assets.

  • Identification of Escrow Materials: Determining with precision which software releases or versions are to be held in escrow. Clarifying the documentation and materials that are essential for the software's proper operation and upkeep.

  • Release Conditions: Determining the circumstances in which the escrow agent may release the materials that have been deposited on behalf of the software users or licensees. Deciding the criteria of triggering events, such as the software developer's bankruptcy or insolvency.

  • Verification Processes: Implementing verification procedures in order to ascertain the completeness and integrity of the deposited materials. Defining the protocols and mechanisms for the verification processes to be executed by the escrow agent.

  • Dispute Resolution: Establishing procedures for resolving disputes among the software developer, user, and escrow agent. Outlining dispute resolution mechanisms, such as mediation or arbitration.

  • Confidentiality and Security: Implementing measures to ensure the confidentiality and security of the deposited materials. Detailing procedures for handling and safeguarding the escrowed source code.

  • Intellectual Property Rights: Clarifying the intellectual property rights associated with the escrowed materials, including any licenses granted to the software users.

  • Notification Procedures: Establishing notification procedures to inform the software users and other relevant parties in the event of a release from escrow.

  • Ongoing Support and Maintenance Obligations: Addressing any ongoing support and maintenance obligations of the software developer, even after the release of the escrowed materials.


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