HOW TO PROTECT YOUR CUSTOM SOFTWARE ASSETS USING SOURCE CODE ESCROW.
A source code escrow is a guarantee to companiesthat in procuring bespoke solution from the software developers. The functioning of custom software is a critical mission to companies and if the buyer are unable to continue maintaining and supporting the software as a result of bankruptcy, it can cause a major problem to the licensee. The biggest solution a company can have is getting a license that is up to date with the source code. It is good to note that most of thesoftware companieswill not agree to this because the source code is their intellectual property and they will be willing to give it to the license.
This is the place source code escrow comes in. It is one of the best solutions to a conflict of interest in a company. The source code is given to an outsider or a third party and the code is released to the licensee when the buyer is unable to continue providing support and maintenance as per the agreement of the contractual source escrow code agreement. In short, the software escrow agent is typically a company specializing in the source code service and it should completely independent for both the licensor and the licensee. The typical provisions of a source escrow agreement include the following.
A meaning of the degree and subject of the escrow(for the most part this will incorporate the source code of a particular programming arrangement, and anything that would be required to freely keep up the product, including documentation and programming devices.) is the first benefit of the source escrow code.
Secondly, The conditions that must be met for the escrow operator to discharge the source code to the licensee as per chapter 11 of the product merchant or cancellation of the improvement extend.
Another thing that should be considered are the specification of the rights that of the licensee when it comes to the source code after the software is released, for instance, the right to modify the code to fix bugs.
It is important that you consider is the determination of administrations the escrow operator gives past straightforward guardianship of the product, the specialist may, for example, manufacture the product and watch that the paired matches the adaptation provided to the licensee.
Also consider any fee that may be required due to the agent for providing escrow services. In an event bankruptcy occurs, on the side of the software developer, the developers creditor may be legally entitled to seize all the aspects such as source code escrow and this may prevent or may delay the release of the software to the licensee.