Software Escrow also known as Source Code Escrow is a three party agreement between a software developer (the depositor), the end user (beneficiary) and the software escrow vendor (The Escrow Company). 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 critical software, the code, data and other critical digital assets can be released to them.
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How Does SaaS Escrow Work?
SaaS Escrow is similar to a software escrow agreement but provides continuity for cloud hosted software usually hosted within Microsoft Azure, AWS or Google Cloud. The SaaS Escrow solution usually includes:
- Replica cloud environment providing swift continuity in a release event;
- SaaS Environment Escrow includes automated deposits of all the components required to deploy the software to a cloud environment including source code, deployment scripts and databases;
- Access Continuity to the cloud hosted production environment and account through the deposit of access credentials.
The software escrow agreement outlines the responsibilities of all the parties and includes pre-defined release conditions which may be amended during the negotiation phase.
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Source Code Escrow
Deposit of critical IP such as source code, deployment scripts, databases, documentation, designs or sensitive materials to be held in trust.
SaaS and AI Escrow
Our distinctive services ensure continuity for AWS, Microsoft Azure, Google Cloud, and other cloud-hosted software in cases where the software vendor is unwilling or unable to deliver services.
Free Templates / Agreements
We provide a variety of free template agreements which can offer a great starting position when negotiating the perfect software escrow agreement.
Examples of typical software escrow release conditions
The release event conditions usually included within a software escrow agreement (these may be amended):
- Bankruptcy;
- Insolvency;
- Discontinuing support or service of the critical software application;
- Failure to support the product that is licensed to the Beneficiary and then failing to cure such a material breach within ten days of notice;
- The sale of intellectual property rights to a third party who does not continue providing the same level of protection provided for the beneficiary in the escrow agreement.
Following a release event, the beneficiary may request for the escrow company to release the deposit materials including the source code. The depositor has the opportunity to dispute such a release event and if necessary, the decision may be moved to arbitration.
What type of agreement do you need?
The Escrow Company offers a range of free template agreements which provide a great starting position to commence the negotiation of a fair SaaS Escrow contract.
The Software Escrow Deposit
Depositing data is a critical component of the SaaS Escrow agreement. As a leading global vendor of SaaS 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 developer can automatically upload the source code from their Git repository using SSH encryption. This process ensures that Escrow London 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.
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