Source code escrow
is the deposit of the source code of software with a third party escrow agent.
(23.) This is also known as "source code escrow
." For a discussion of source code escrow
and a summary of arguments for and against its use, see Walter D.
(54.) See Dean Gloster, Typical Source Code Escrow
Agreements: What's Broken and What Works Instead, FARELLABRAUN & MARTEL, LLP (May 25, 2005), http:// www.fbm.com/media/uniEntity.aspx?xpST=PubDetail&pub=5253 ("And even if the source code escrow
give[s] you the code, the license agreement may not give you the right to create derivative works, and may even actively prohibit you from showing that source code to any outside contractor brought in to assist with maintenance.").
e2b software also provides: onshore development and consulting resources, which reduce time zone and language challenges; portable source code escrow
services; optional maintenance and support contracts for custom business software; and expertise in technical and transactional enterprise resources planning (ERP) systems.
If the supplier withdraws support, goes bust - or worse, then for the user organization, source code escrow
may be the only disaster recovery or assurance.
Typically three types of agreements are relevant in reviewing your legal rights: 1) the original product license, 2) the maintenance and support agreement, and 3) the source code escrow
CPS also offers a source code escrow
program through Escrow Associates in Atlanta, GA.
CPS also offers source code escrow
subscription services to its end users for its print management system through Escrow Associates LLC for a small annual fee.
Microsoft software assurance and source code escrow
offers true long term investment protection with predicable annual costs.
Typical remedies in large technology agreements include termination for default or convenience, software source code escrows
, liquidated damages to compensate the buyer for failures by the vendor to perform key obligations, temporarily withholding payments from nonperforming vendors until they perform all of their obligations up to the standards (sometimes even withholding payments for acceptable work if the vendor is in default of other obligations), permanently setting off payments that would otherwise be made to a vendor due to the vendor's breach, and letters of credit.
GAO also verified whether source code escrowed
by Florida could be rebuilt into the firmware used in Sarasota County.
The first issue includes articles on: the "evolving written description doctrine" and the search for specificity; software licenses, source code escrows
and trustee powers; legal education on business transactions; legal issues involved in healthcare business transactions; limiting patent claims; the Moral Rights Act of 2007; and, legal issues relevant to renewable energy developments.