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The Importance of Software Escrow to Business Companies

The most useful, flexible and the most popular products of modernization, is the computer, and it is described as a device that can carry out the instructions of the users for a set of arithmetic and logical operations, automatically. The two basic parts of the computer device are the hardware which is the part of the computer that are physical in form, and examples for these includes graphic cards, sound cards, memory or RAM, motherboard, displays, cables, keyboards, printers, mouse, power supplies, circuits and computer chips; and the software such as data, programs, encoded information or computer instructions, libraries and protocols that do not have a material or physical form. Source code is an example of a computer software, and it is any collection of computer instructions written using an ordinary text or a human-readable programming language and it is designed to facilitate the work of the computer programmers.

A lot of software developer companies are making use of the source code in order to operate and the maintain their products and custom software, however, it can be very critical to them, especially when the licensor or their partners becomes unable to do so, which can be due to various reasons like bankruptcy, merger, obsolescence and acquisition. Each and every business owners of software developer companies have the common desire of ensuring that the software products that they have created for their customers will still continue to operate and that can only be achieved by having a copy of the recent and up-to-date source code of the product, and the solution for this is through the use of a source code agreement contracts. Another term used for source code escrow is software escrow, and it is a method of mitigating and lightening any possible risks to happen when the three basic parties during the negotiation of obtaining the license for a software product, and upon the successful agreement between the licensor and licensee, the source code of their products will be secured by a trusted escrow agent. The agreements of source code escrow includes specifying the conditions that must be met by the agent to release and give the source code to the licensee; obliging the licensor to place or put updated or the recent versions of the software in escrow in specific period of time; specifying the scope and the subject of escrow; circumscribing the rights obtained by the licensee with respect to the source code after the software is released; providing the fees of the escrow agent for his efficient services; providing non-compete clauses in the agreement of license; and specifying the services provided by the escrow agent. The software developer companies who wants to obtain more accurate information about software escrow and wants to hire the services of the best escrow agent in their local area can look for them through the recommendations and word of mouth of families, colleagues and lawyers, or through the use of the internet.