Chris Smith

Software Risk Checklist

Technology escrow agreements are intended to provide end users with application continuity for mission critical, expensive or difficult to replace software and SaaS applications if the software vendor fails to perform, goes out of business or other pre-negotiated circumstances. All of the risks outlined below have been successfully addressed in escrow agreements in the past.  […]

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Leveraging Software / SaaS Escrow: Enabling Technology to Serve as Collateral for Loans

Business critical software has become an integral part of modern business operations, and its value is recognized in various domains. To support innovation and growth, emerging software, SaaS and technology companies often seek financial assistance in the form of loans. However, lending institutions are naturally cautious about collateralizing intangible assets like software or other intellectual

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What Are the Most Important Clauses in an Escrow Agreement?

A software escrow agreement is a legally binding contract that outlines the conditions and terms for storing and releasing the source code or other critical materials of a software application to a third-party escrow agent. While the specific clauses included in a software escrow agreement may vary based on the parties involved and their specific

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The Difference Between Software & SaaS Escrow Solutions

Software as a Service (SaaS) escrow and software escrow solutions are two distinct yet related concepts in the software industry. While both provide a form of protection for users of business critical software, there are fundamental differences between the two. This article aims to explain the differences between SaaS escrow and software escrow. To begin

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