A solid legal framework for software escrow
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Pricing OptionsLegal hurdles that might sound familiar?
Expensive and slow lawyer driven paper process
Language not ready for modern day technology
Too slow conflict resolution terms
Ambiguous escrow release terms
Software Escrow Legal Framework
A legal process that works at the pace of technology
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.
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.
Legal SLA’s for Custom Requirements Available
Many companies have requirements that extend beyond the standard language of our agreements. For this we offer many Legal SLA’s.
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.
Software Development Outsourcing
Use when outsourcing software development to 3rd party developers and agencies.
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.
Security & Operational Resillience
Use when applying escrow as part of security and operational resillience programs (ISO27001, ISO9001, SOC2 etc.)
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 this template for free!
*Template available only in English
Download this template for free!
*Template available only in English
Download this template for free!
*Template available only in English
Download this template for free!
*Template available only in English
Download this template for free!
*Template available only in English
Customized Escrow Agreement
Want to give the process a head start by getting a customized escrow agreement prepared for your situation?
Request Custom AgreementFrequently Asked Questions
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What is a software escrow agreement?
- A software escrow agreement is a legal arrangement between a software developer or vendor, their client, and a third-party escrow agent. The agreement ensures that the software's source code and related materials are securely stored with the escrow agent and can be released to the client under certain predefined conditions, such as the developer's bankruptcy or failure to meet support obligations.
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Why should I consider a software escrow agreement?
- 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.
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How does Codekeeper's software escrow service work?
- 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.
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What are some common triggering events for source code release?
- 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.
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Do I need a lawyer to draw up the escrow agreement?
- 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.
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Can I customize the terms and conditions of my escrow agreement?
- Yes, Codekeeper allows you to customize the terms and conditions of your escrow agreement to fit the specific needs of your business relationship. This ensures that both parties are protected and that the agreement meets their unique requirements.
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How does Codekeeper ensure the security and confidentiality of my source code?
- We operate within the ISO27001 security framework and our data centers have multiple certifications to ensure the highest level of security. Deposited assets are encrypted using AES256, ensuring the safety and confidentiality of your software assets.
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Can multiple clients be included in a single escrow agreement?
- Yes, Codekeeper allows for multiple clients to be included in a single escrow agreement. This can be advantageous for developers who work with multiple clients and want to streamline their escrow process.
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Can I transfer my existing software escrow agreement to Codekeeper?
- Absolutely! We are here to support your needs and will make sure your pre-existing agreement is up to date and implement any additional changes needed during the transfer stage.
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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.
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Introduction to Software Escrow: A Guide
E-BOOK
12 pages
Download this ebook for free!
*E-book available only in English
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