Process of software escrow

The exact procedure of source code escrow depends on the specific constellation of all the participants. Basically, there are the following phases:

1. Preliminary agreement – analysis and consultation

Normally, we arrange for a preliminary contract with our clients. Within this contract, we provide our comprehensive escrow-agreement and make the necessary adjustments before the contract is actually concluded with all parties involved (software producer, licensee, ecambria).

In this phase, our main concern is to determine and describe the deposited object, to clarify the modalities and possible cases of release (issuance), and especially to determine the amount of checking that is required and expedient. Furthermore, our service also consists of the installation of your software escrow.

2. Main agreement – escrow and inspection

After execution of the main contract, the software producer will hand over his (or its) source code to us. We add this source code to our coded testing- and deposition system. In addition, we check the deposited data in our laboratory to the extent agreed on with you, before the permanent escrow is carried out.

After doing this, we should check at least the translatability of the source code in an executable computer program. The expense this incurs depends on the complexity, condition and documentation of the software. If any problems arise during the checking process, we will request the producer to provide us with a new, corrected version of the deposited object. After successfully testing the software, we will deposit it permanently in our geographically distributed system.

3. Optional phase: accession of more licensees to the main escrow agreement

For contracts solely between the software producer and ecambria, there is the possibility that licensees can opt in at a later day. By joining oru system, they acquire the agreed rights vis-a-vis the software producer and our depository

4. Updates

If our clients want to use a new version of the deposited software, they should update the deposited source code too. Depending on how big the update is, the check of´n the system will take a certain amount of time.

5. Release of the software

If there is a case of release, generally the software producer will inform us of it. The producer starts the process of issuance. First of all, we check whether the requirements for this process are complied with as detailed in the contract. The method of testing and the deadlines entailed by this are arranged for in the escrow contract. We hand over the source code to the licensee if the requirements are fulfilled.