Source Code Escrow

World Leaders in Automated Source Code Escrow Solutions

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Automated Source Code Escrow

Source code escrow is a three party agreement between a software vendor (the depositor), the end user (beneficiary) and the source code escrow company (The Escrow Company). It is commonly used by companies to protect the source code of a software vendor or to protect the investment of the beneficiary. The objective of a source code escrow agreement is to provide comfort to the end user that if the software vendor is unable or unwilling to support the software, the source code and other critical materials such as documentation can be released to them, ensuring continuity.

During the agreement setup, the depositor (software vendor) will deposit with The Escrow Company the latest version of the source code which is normally through our automated deposit system directly from GitHub, Bitbucket, GitLab and many other popular version control apps or via SFTP/S3 buckets.

To ensure the files are accessible and free of viruses, The Escrow Company will perform a file integrity test as part of the source code escrow deposit. This source code escrow deposit would only be released to the beneficiary (end-user) if the depositor can no longer support or maintain the software. The requirements for deposit and release of the source code are all clearly defined and negotiated upon in the source code escrow agreement.

Source Code Escrow Benefits

Source code escrow is an important tool for businesses that use custom software. By working with The Escrow Company, you can protect your investment and ensure the continued support and security of your software.

Protect Your Investment

Source code escrow ensures that you have access to the source code of your custom software in the event that something happens to the software vendor.

Automated Deposits

Automate the deposit process by integrating with GitHub, Bitbucket, GitLab, Azure DevOps and many other version control systems.

Ensure Continued Support

If the software vendor is unable to provide ongoing support and updates, the source code escrow company can release the code to you or a new development team.

Industry Standards

In some industries, using source code escrow is a standard practice and may be required by regulations.

Avoid Costly Disputes

In the event of a dispute with the software vendor or a software developer , having the source code in escrow can help avoid costly legal battles and allow you to continue using and maintaining the software.

Peace of Mind

This source code escrow agreement is used by developers to provide comfort to their clients that they have a standing software escrow agreement in place.

Single Beneficiary Agreement

Single Beneficiary Source Code Escrow Agreement
A single beneficiary source code escrow agreement is usually used when a client is licensing software from a software company. It is made up of the depositor, beneficiary and the source code escrow company as the independent third  party. The source code escrow agreement will clearly outline the release events and a guideline for the release process should a release event occur. The beneficiary is assigned as the recipient of the source code escrow materials upon a release and may continue to use the source code for the sole purpose of continuing the benefits afforded to beneficiary pursuant to the software license agreement.


Multi Beneficiary Agreement

Multi Beneficiary Source Code Escrow Agreement

Multi beneficiary source code escrow agreements are often used by software companies to provide comfort to their clients that they have a standing source code escrow agreement in place. This type of agreement allows the software company to add an unlimited number of beneficiaries to the master agreement. Non-signatory agreements can also be an option under a multi beneficiary agreement. Under a non-signatory agreement, the software company is able to register additional beneficiaries without the need for the beneficiary to sign any documents.

All the registered beneficiaries are assigned as the recipients of the source code escrow materials upon a release and may continue to use the source code for the sole purpose of continuing the benefits afforded to each beneficiary pursuant to the software license agreement.

Data Holding Agreements

Data Holding agreements are used when a company is using a developer to create a bespoke application  and the beneficiary owns the intellectual property.

A simple arrangement is established between the beneficiary and the developer to ensure the source code or any other materials are deposited with The Escrow Company on a daily basis directly from the developer’s Git repository during development.

This type of source code escrow agreement provides protection for the customer that in the event of a dispute with the developer mid project, another developer will then have the code to continue the project and prevent serious delays.

Laptop Screen Displaying Source Code

Source Code Escrow Verification Services

To ensure all of our clients are comfortable that in the event of a release condition, the source code deposit will be accessible and usable, we offer an array of source code verification services to mitigate potential risks with source code escrow arrangements. These source code verification services provide an additional assurance that the deposited source code is usable and can be compiled into a working version of the software.

software developer

Post Release Support

We often get asked about what happens in the event of a release when our clients want to implement a source code escrow agreement. Many source code escrow companies release the source code to the beneficiary and leave them on their own in finding someone to maintain the code. However, with innovation at our core, The Escrow Company pride ourselves on being different to other source code escrow companies.

As part of our standard release process, we have the skills and expertise in place to directly assist the beneficiary in sourcing suitable qualified developers to help with supporting the released materials. This unique approach means we will not just disappear, but instead be there to guide them through the daunting and difficult situation whilst finding the right developer competent in the programming language to develop their software.

Transfer Existing Agreements

If you have a source code escrow agreement coming up for renewal or are not happy with your existing source code escrow company, we can help provide a seamless transition when moving over your existing agreements.

The process is simple and straight forward! You do not even have to wait for your contract to end with your current provider. Here at The Escrow Company, we can help you:

  • build a source code escrow agreement that matches the same release conditions as your current source code escrow company;
  • facilitate updating your customers about the intention of transferring the agreement to a new provider, all at your discretion;
  • arrange to receive a new deposit from the software vendor and automate the deposit process for future deposits, once the new agreement is signed.

Why move over to us?

  • We can provide you with substantial cost savings compared to your current source code escrow company.
  • We maintain ISO27001 and ISO27017 certifications for information and cloud security.
  • All our deposit updates are automated, providing you with safe and regular back-ups.
  • Everything is managed by us – after all it’s your data.

Want to learn more? Read our case study on how a leading American software company smoothly transitioned from a heritage software escrow vendor to an automated multi-beneficiary source code escrow solution. <>

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