In addition to high-quality technical verification of the suitability of the article that is the object of escrow, the escrow agreement itself is also crucial to a functional software escrow.
The German Federal Agency for Information Security indicates explicitly in its package of measures that, apart from testing the deposited data, the determination of all the escrow conditions and the rights and obligations of all the parties involved is very important as well.
Rights and obligations of the parties involved and requirements for release.
Alongside rights and obligations, the requirements for release and the amount of usage allowed after issuance, due consideration must also be given to current case-law.
Within the context of establishing escrow, we provide you with adjustable model contracts. With such a contract we are able to capture complex scenarios. After reaching agreement with all the parties concerned and their lawyers, we adapt the contract to your individual needs.
Contract adaptation and possible variations
In this context it is important to understand the individual needs of all the parties and to add the resulting requirements in the contract, too.
Besides a contract solely between software producer, licensee and depositary authority, in practice a contract also between the software producer and any number of licensees is both necessary and expedient.
Basically , the following varations are conceivable:
- A triangular agreement (between the software producer,the licensee, and ecambria)
- A multi triangular agreement (between the software producer, ecambria, and several licensees)
- A master agreement regarding software analysis and escrow (licensee, ecambria)
- An individual contract.
For further information we are at your disposal.