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Home  Contract Category Source Code Source Code Escrow Agreement (4 parties) |
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| Source Code Escrow Agreement (4 parties) |
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An agreement between
a Software Owner,
Software
Distributor,
Software Licensee
and Escrow Agent
under which the
source code for the
software is placed
with an independent
Escrow Agent and
which provides for
it to be released to
the Licensee if
certain release
events occur.
Designed for use
where there is an
additional party
(the Software
Distributor) to
those in a
conventional 3 party
escrow agreement.
Useful for the
situation where a
software owner
appoints a
distributor to
license and support
the software in a
designated territory
and the customer
contracts directly
with the distributor
for software
support. Typically
in this situation
the distributor will
provide front line
support to the
customer but does
not have the source
code so is not able
to provide support
functions which
require access to
the source code.
Usually the software
owner provides back
up support to the
distributor for
those functions
requiring the source
code. The agreement
provides for release
of the source code
if the distributor
fails to provide
contracted support
unless the software
owner steps in and
agrees to assume the
obligations of the
distributor under
its support
agreement with the
customer.
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