Placing source code in Escrow will help market the software and a Licensors' services better. The Licensee will gain confidence in the business and will feel safe. The Licensee will be able to take the source code to any other software designer/ programmers and with this code they will be able to add and amend, fix any issues and essentially have the Licensee up and running in little time, therefore ensuring continuity of business.
Having said that software developers take pride in their ingenious work and invest a great deal in order to design something bespoke for a client and to gain the competitive edge of others in their field/ industry. It is therefore understandable that they will be reluctant to release the source code to a Licensee.
A compromise to this is the Software Escrow Contract.
If you are involved in the development/ licensing or simply use of software or other bespoke technology then you would need the protection afforded by the use of such a contract. A Licensee should evaluate how critical the software, program etc is to his business to put into context the importance of this contract.
Typical clients that would want to utilize this service would include web designers and creative’s, database administrators, software programmers etc. These clients are typically coming up with new ideas and they will want a way in which they can safely deposit and archive their work. Depositing their work with us will assist in the event that there is some copyright or ownership dispute.
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