[AccessD] Source Code Escrow

MartyConnelly martyconnelly at shaw.ca
Thu Sep 15 10:56:37 CDT 2005


Here are some downloadable Escrow agreements American, British or Canadian

http://www.escrowassociates.com/agreements.htm

Software escrow FAQ
http://www.softescrow.com/faq.html#16.0

other online companies
DSI Technology Escrow
www.dsiescrow.com     
InnovaSafe Escrow Service
www.innovasafe.com    


 I did this several years back and rolled my own but I had access to 
free legal advice (kid brother is lawyer) and a records management 
depository vault( a site designed to survive a level 10 earthquake).

 It is probably easier to find an escrow service in your area, that will 
be familar with legal requirements for your jurisdiction (this is the 
important point). Look for directions from an Intellectual Property 
lawyer, a quick phone call. They do this for manufacturing processes and 
a host of other reasons not just software.

 It also depends if you are depositing your source code and/or 
documentation. If you want to deposit upgrades on a regular basis for 
upgrades or just backup, some escrow companies will allow this via CD's 
or probably more costly electronic updates. Recovery times from vault 
could be as long as 10 days depending on agreement.

 Cost cheapest maybe $500 initially with $50 annual fee.

 You will probably have to decide between 2'nd or 3'd  party agreements 
with whomever you arranging this with see FAQ.

Griffiths, Richard wrote:

>Hi Group
>
>I have been asked about Source Code Escrow regarding a system I have
>written.  My understanding is that I deposit the source with a third
>party 
>and should my business fail or it fails to deliver support etc for the
>product the licensee can apply to have access/a copy of the source code
>to allow support/further development.
>
>Any one any experience here, pitfalls etc. Another question is what sort
>of fee (subscription) to charge the licensee - is there a rule of thumb,
>standard fees etc
>
>Cheers
>
>Richard
>  
>

-- 
Marty Connelly
Victoria, B.C.
Canada






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