Why Escrow by Softcrow?
This is how we distinguish ourselves from other escrow providers
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about Escrow by Softcrow
The definition in the Oxford Dictionary is as follows: A bond, deed, or other document kept in the custody of a third party and taking effect only when a specified condition has been fulfilled.
This is also applicable for Source Code Escrow. We keep the Source Code (or other materials that are relevant) in custody, until conditions as specified in the escrow agreement (such as bankruptcy of the software supplier) have been fulfilled.
The purpose of the Escrow Agreement is to guarantee the future use of the software for the Licensee (hereinafter: User). Under certain conditions, the source code of the software is made available to the User, so that he can maintain it for his own use.
Software is generally not sold to the User, but he receives a license. However, this license relates to the use of the runtime (machine version) of the software. To adapt or expand the software, the so-called Source Code is required. This is the code, written in a programming language, which is readable and maintainable for the programmer.
Because the Source Code is often the Intellectual Property of the Software Supplier (and thus represents its future income), a Software Supplier is usually unwilling to give the source code to the User. As a rule, however, the Supplier is prepared to deposit the Source code with an independent third party (Softcrow). By signing the Escrow Agreement, the supplier grants the User a right to use the source code if Softcrow makes it available under the conditions of the Escrow Agreement. The Intellectual Property Rights on the software remain with the Supplier at all times.
An Escrow arrangement from Softcrow ensures that you can continue your automated business operations if your supplier can no longer meet his obligations. When it comes to the use of Cloud Software (SaaS), we also have arrangements that ensure that the Cloud service remains available undisturbed.
As a supplier of software, you know that your customers often demand security and continuity. Sometimes this need is motivated by a risk analysis, sometimes the need arises from a standard approach of Purchasing and sometimes it is a requirement of Supervisors. With an Escrow agreement from Softcrow you eliminate the most important risks for your (potential) customers and you have a direct and concrete answer to their demands.
For business-critical Cloud software, an ordinary Escrow arrangement is not sufficient. What use is there in having a copy of the Source code of the Cloud solution when your data is no longer available, and if you have no idea what the Cloud Infrastructure looks like that is needed to make the Cloud solution operational?
Softcrow therefore offers other solutions for Cloud software, which offer more security. Even undisturbed continuity of the Cloud service is possible.
No. We do not believe in that.
Although the existence of “standard” Escrow agreements suggests otherwise, there is seldom a “standard” situation. Think of questions such as: Under what circumstances does a supplier want the source code to be issued? What is the continuity requirement of the software user? Is it Cloud software or on-premise software? Is the software standard or customized software? What measures (backups, mirrors) are already in place which can influence an Escrow arrangement? Does the software supplier also wants to protect his business assets (such as Intellectual Property?) In short: every supplier and user deserves our personal attention. All interests need to be listed and weighed in order to arrive at a solution that is meaningful for all parties. That is why we would rather help you personally.
The cost allocation is determined between the parties in consultation. Any distribution is possible. The following distributions are the most common: the supplier pays all costs / the licensee pays all costs / the supplier pays the initial costs and the licensee the annual costs / or each pays half of the costs. We welcome any other distribution that fits your company needs.
Softcrow has tailored agreements for the following situations:
- (on-premise) software;
- ASP/SaaS/Cloud software;
- embedded software;
The starting point is that the source code that we have in store corresponds to the version that is in use by the user(s) of the software. It is therefore sensible to change the depot with every (material) change in the software. With our online Escrow schemes, a depot can be uploaded 24/7 with any desired frequency and multiple versions can be saved.
Are you curious about our agreements? You can download it below.