Re: Escrow Services for Source code

[Patrick Townsend <townsend@xxxxxxxxxxxxxx>]

Don,

The software vendor retains ownership of the software (copyrights,
patents, right to distribute, etc.). The escrow agreement provides a
license of the source code to the beneficiary (the company using the
software). It's a three-way agreement between the vendor, escrow
company, and end-user. The agreement typically defines several
"triggers" for the distribution of the source to the end-user. These
include bankruptcy, receivership, inability to respond, and others. But,
again, the distribution of the source in these instances is not a
transfer of ownership - it is a license of the code. I can send you an
example of one such agreement if you like.

Patrick

Don wrote:
> 
> > code is not a transfer of assets but a license, it is not affected by
> > receivership, etc. I do agree with you that using a lawyer or CPA is not
> > a good way to escrow source - too many chances for things to go wrong in
> > that way! But using a professional source escrow company can make good
> > sense.
> >
> > Patrick
> 
> Patrick,
> 
> Who actually has ownership/title of what's put in the escrow repository?
> 
> Don

-- 
IBM AS/400 communications, FTP automation, and network security
software and consulting services.

http://www.patownsend.com
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