Source Code Escrow

Software escrow has existed for decades as a practical safeguard for organizations that rely on third party technology. Historically, escrow focused on storing source code for locally installed software. As long as the codebase and build instructions were available, a beneficiary could maintain or rebuild the system if the vendor could not support it. The […]

What Is a Software Escrow Agreement? A software escrow agreement is a contractual arrangement in which a neutral third party (the escrow agent) securely holds a developer’s source code, documentation, and other critical assets. The materials are only released to the software licensee (the Beneficiary) if predefined conditions are met—such as bankruptcy, failure to support,

In modern business, technology is no longer just a supporting function—it is the very infrastructure on which organizations depend. From financial services and energy systems to healthcare platforms and SaaS applications, mission-critical operations rely on software developed and maintained by third-party vendors. But what happens if that vendor fails—whether through bankruptcy, acquisition, lack of support,

Download the Whitepaper Artificial Intelligence (AI) is reshaping industries at an unprecedented pace. From financial forecasting to supply chain automation and personalized medicine, enterprises increasingly rely on AI applications for business-critical functions. However, the adoption of AI brings with it unique risks: what happens if the AI vendor ceases operations, loses critical data, or fails

Vendor failure is not a rare risk. It’s a reality that can derail operations overnight. For organizations that rely on business-critical software and SaaS applications, a vendor’s bankruptcy or collapse can lead to downtime, financial loss, compliance failures, and reputational harm. Our latest whitepaper, Mitigating Risks of Disruption to Business-Critical Software and SaaS Applications Through

This is Part III of our series entitled The Anatomy of a Software Escrow Agreement. Read the rest of the series:  Part I: The Anatomy of a Software Escrow Agreement: Key Terms, Best Practices, and Real-World Applications Part II: Software Escrow Agreement for End Users: A Playbook to Protect Business-Critical Applications Part IV: Inside a

This is Part II of our series entitled The Anatomy of a Software Escrow Agreement. Read the rest of the series:  Part I: The Anatomy of a Software Escrow Agreement: Key Terms, Best Practices, and Real-World Applications Part III: Software Escrow Agreement for Vendors: How to Meet Client Demands and Protect Your IP Part IV: Inside

This is Part I of our series entitled The Anatomy of a Software Escrow Agreement. Read the rest of the series:  Part II: Software Escrow Agreement for End Users: A Playbook to Protect Business-Critical Applications Part III: Software Escrow Agreement for Vendors: How to Meet Client Demands and Protect Your IP Part IV: Inside a Software

If you’re delivering software or SaaS to enterprise clients, escrow is no longer just a “check-the-box” requirement—it’s a competitive advantage. Done right, it helps you protect your intellectual property, close more deals, reduce liability, and dramatically lower internal overhead. But not all escrow vendors are built for modern software development. This guide outlines the 8

While law firms are often trusted advisors in matters of contract law, intellectual property, and technology transactions, they are not well-equipped to serve as software escrow agents. Software escrow is a complex service that requires a blend of legal, technical, operational, and cybersecurity capabilities—competencies that most law firms simply do not possess. Using a law