RE: Escrow Services for Source code

[Tim McCarthy <TimM@xxxxxxxxxxxxxxxxxx>]

I don't know what sort of lawyers you've talked to! I've worked at a lot
of software companies (including the current one) who routinely enter
into escrow agreements with customers who require it and want to pay for
it. Currently we use Fort Knox. If a company goes under you generally
get a copy of the current source code for your own use only. It's
usually written into the license agreement that the vendor will update
the escrowed source with each new release.

> -----Original Message-----
> From: Don [SMTP:dr2@cssas400.com]
> Sent: Wednesday, February 17, 1999 2:18 PM
> To:   Leo Lefebvre
> Cc:   MIDRANGE-L List
> Subject:      Re: Escrow Services for Source code
> 
> 
> 
> Leo,
> 
> I would recommend against it.  For starters, you have no control on
> the
> vendor updateing the escroed source...  2nd and most important, when a
> company goes into recievership, the assets go to the creditors...NOT
> to
> the customers...so, you may never see your source!  (at least that's
> what
> the lawyers told me a while ago when I was looking at this kinda
> arrangement).  Now, you're in Canada and the laws may be different up
> there....but here in the colonies, I kinda tend to stay away from this
> kind of stuff.  It's just not in my best interest
> 
> Frankly, if this company is so unsure of themselves as to not want to
> send
> the code, I'ld say you may want to look at another company....
> 
> How do you plan on making customizations?  You going to be held ransom
> to
> them for ever?  THAT could be both expensive and risky!
> 
> See ya in a few weeks..
> 
> Don in DC
> 
> 
> On Wed, 17 Feb 1999, Leo Lefebvre wrote:
> 
> > Hi,
> > 
> > Did anybody ever use escrow services for for their vendor source
> codes?
> > 
> > We're negociating changes to a software package we've bought and are
> are
> > asking the (software) distributor about buying the source code along
> > with the package.
> > The distributor is also making custom modifications to the package
> to
> > suit our needs. So, I guess, he prefers we use an escrow service to
> > "store" all the source code and if the software developer goes
> bankrupt
> > (or whatever) we would then have access to the code.
> > I guess we should also take the distributor modified code to an
> escrow
> > service.
> > 
> > Any thought about that?
> > Any name to suggest? Any company to avoid?
> > --
> > 
> > Leo Lefebvre
> > leo@tug.on.ca
> > Toronto Users Group for Midrange Systems
> > Visit our home page at <http://www.tug.on.ca>
> > Ph: (416) 606-5960   ---   Fx: (416) 495-0100
> > 
> > 
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