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A solid legal framework for software escrow

Battle tested software escrow agreements prepared by our experts. Ready to be tailored to your unique situation.
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expensive

Expensive and slow lawyer driven paper process

language

Language not ready for modern day technology

too-slow

Too slow conflict resolution terms

ambiguous

Ambiguous escrow release terms

Software Escrow Legal Framework

A legal process that works at the pace of technology

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Agreements for every situation

There’s no one-size fits all when it comes to escrow, so we have starting points for a range of scenarios where technology escrow is applied. Download samples here.

Customizable Release Conditions

It’s very important to structure the release conditions so that they don’t delay the release to the beneficiary and at the same time still also protect the interests of the depositor.

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Bi/Tripartite Agreements

We support both typical agreement forms, but we can also work with multi-beneficiary situations. Just let us know what you need and we’ll provide you with the agreement for review.

Our escrow agreement templates

You may be wondering what the legal starting point looks like for the different escrow scenarios. Have a look at the escrow agreements below.

Software Licensing

Use for all your (mission critical) software from 3rd party software providers, incl. cloud services / SaaS solutions you use.

Download Sample
software-licensing

Software Development Outsourcing

Use when outsourcing software development to 3rd party developers and agencies.

Download Sample
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All escrow agreements will be adapted to your unique situation. This is all part of our service.

Compliance & Regulations

Use when applying escrow to reach compliance and regulatory goals in your business operations and organization resilliance programs.

Download Sample
compliance

Security & Operational Resillience

Use when applying escrow as part of security and operational resillience programs (ISO27001, ISO9001, SOC2 etc.)

Download Sample
security-operational

Transactions, M&A, Investment & Financing

Use when IP or software is part of a transaction, like an acquisition, investment or financing situation. Protect assets by storing them securely in escrow.

Download Sample
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Customized Escrow Agreement

Want to give the process a head start by getting a customized escrow agreement prepared for your situation?

Request Custom Agreement
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Frequently Asked Questions

  • What is a software escrow agreement?

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  • Why should I consider a software escrow agreement?

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  • A software escrow agreement provides a safety net for clients, ensuring that they have access to the source code and related materials if the developer or vendor becomes unavailable or unable to meet their support and maintenance obligations. This helps to minimize the risks associated with software dependency, ensuring business continuity and reducing potential losses.
  • How does Codekeeper's software escrow service work?

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  • We offer a range of different escrow solutions to cater to our diverse client base’s needs. Once you sign up for an escrow account, we walk you through the steps to set up your escrow agreement and place your material in escrow for safekeeping. You can view our pricing options on our Pricing page here.
  • What are some common triggering events for source code release?

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  • Common triggering events for source code release include the developer's bankruptcy, insolvency, liquidation, or failure to provide support and maintenance services as per the agreement. The specific triggering events will be defined in the escrow agreement between the developer and the client.
  • Do I need a lawyer to draw up the escrow agreement?

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  • No, we take care of the legal aspect and assist you in creating your escrow agreement. This means there are no expensive lawyers fees involved.
  • Show more questions +

If you have any other questions or need a custom solution, please feel free to contact our Customer Service team for assistance by sending an email to contact@codekeeper.co.

companies

These companies already secured their software continuity.
Will you start today?

Software escrow secures the source code needed to recover if a supplier is no longer able to provide access or support the software you need for your business operations with an independent 3rd party.
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Best price guaranteed

No hidden costs

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Introduction to Software Escrow: A Guide

E-BOOK

12 pages

Learn how software escrow helps you mitigate risks and ensure your mission-critical systems remain unaffected through any circumstance.
Download Guide
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A session with our expert

Schedule a session with one of our advisors to get a personalized demo and discuss your situation. Bring all your legal, technical and other questions!
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