Deposix software escrow contracts

For our sample escrow contracts, please send an e-mail to info{at}deposix{.}com


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5th OSE Summertalk: September 27, 2019 in Berlin

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Topic: AI. Data. Escrow.

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New publication

"Cloud Escrow as Risk Management Tool" in Deposix' latest book contribution: 'Legal IT Handbook, 3rd edition, published in October 2013 (in German).

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Deposix is now a member of LES!

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Licensing Executives Society (LES International): 
"Advancing The Business of Intellectual Property Globally"

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[... upcoming LES-Events]


Press comments on Deposix

With escrows, a source code is in good hands when times get tough (by Peter Ilg, Computer Zeitung (“Computer Magazine”), 23/03/2009)

“A menacing wave of bankruptcies among software companies is leaving users in a predicament: who will correct mistakes and update the software when the manufacturer is no longer around? In order for the source code not to be lost, experts recommend that you insist on code escrow with a third party when working out licence agreements. […] The inter-trade organisation Bitkom fears that particularly medium-sized software manufacturers in Germany will suffer this year due to more stringent terms of credit. […] 'The main difference between us and a notary is that we check the software,' says Stephan Peters, Chair of the Board of the Organisation for Software Escrow (OSE) and CEO of Deposix. Neither the notary nor the licence holder can do this if the software is in a bank vault.”

Download article as a PDF (Size: 274 kB; Previous downloads: 11465; Latest download on the: 22.09.2020) (in German)

Note: The publisher Konradin Verlag sadly interrupted the publication of the “Computer Zeitung” on 27/07/2009, after 39 years.


Escrow of the Source Code (, 11/09/2006)

“Siemens Business Services (SBS) is playing it safe: if the Munich-based IT service provider acts as a main contractor, then the escrow of the source code is mandatory when it is signing software licensing agreements. 'In doing this, we want to protect the interests of our clients as well as our own,' explains Quido Bächlin, Senior Buyer Software Licenses for SBS. [...] During an inspection, amongst other things, we check whether the source code is actually there where it says source code, and whether the material is readable.  Deposix Software Escrow GmbH offers active contract management for this basic service..."

Link to the article on (in German)


Escrow holders keep the source code safe (Computer Zeitung, 14/11/2005)

“The bankruptcy of a software provider can have fatal consequences for user companies. Lawyers therefore recommend that you call on the services of an escrow company.” (in German)

Escrow holders watch over software (Südwestpresse, 29/10/2005)

“Users cannot use software arbitrarily. This is why big companies are increasingly insisting on original programmes being deposited in a neutral location. Because a production stop can also threaten the existence of the user company.”

Link to the Südwestpresse homepage (in German)


Escrow holders hold the key to software programmes (Financial Times Germany, 21/10/2003)

“Seize on source code contracts when the programme developer has gone bankrupt. This is what saves their clients.”

Link to the FTD homepage (in German)


Deposix helps creatives (IT Business News, 26/05/2003)

“SAVED. In order to protect both the intellectual property of software developers and the investments of users, a source code can be deposited through an escrow contract. The system provided by Deposix also works very well within the framework of Basel II."

Link to the IT Business News homepage (in German)


Software use in case of bankruptcy: protect the source code through a contract  (iX, Verlag Heise, 06/03/2003)

“Whoever wants to protect their company from problems due to the bankruptcy of software and other IT providers should think about counteractive measures at an early stage. In particular, the source code should be protected through a contract.”

Link to the article on Link to the article on (in German)

Link to the homepage (in German)


Source code on call (CIO, 03/02/2003)

“If software companies go bust, their products often disappear for good. This is a catastrophe for users. Escrow agencies, who manage software source codes within the context of an escrow, provide protection against this.”

Link to the article on (in German)


Software Escrow Management Services (CIO, 30/01/2003)

“Current trends towards consolidation and numerous bankruptcies within the software industry following the hype of the 1990s have given a new weight to the issues of the safety and reliability of investments. We will therefore outline below the concept of software source code escrow in terms of its economic, technological and legal framework. In addition, we will outline what state software escrow currently has in Germany and what factors of influence will determine the further development of the market for professional software escrow services.”

Link to the article on (in German)


Risk avoidance through software escrow (RA Philipp Belter, published in 'LEGAmedia - Network for Information Interchange', as well as in 'Recht Neue Medien' ('New Media Law') of Brehm & v.Moers Chambers, Jg. 1 No. 2, 2003)

“IT companies in crisis? Around two years ago, this was still a horrible dictum – now it is almost tragically self-evident. Due to the increased use of electronic data processing in business activities, the functional capacity of the core of data processing – software – is of crucial economic importance for a company.”

Link to the article in Neue Medien_Recht (Part 1) (in German)

Link to the article in Neue Medien_Recht (Part 2 - see 2nd page) (in German)



Escrow contracts: source codes in the safe (Computerwoche, 23/08/2002)

“If the software supplier is bust, users often find themselves facing massive problems. Escrow contracts can provide relief by depositing the source code for emergencies. Thanks to the poor economic climate, relevant service providers are hoping to do good business.”

Link to the article on (in German)



Deposix Software Security (Business Journal of Savannah, 14/07/2002)

“Software escrow is a legal mechanism which protects purchasers of expensive software packages which are critical to a company's operation. The arrangement allows for the escrow company, as a neutral third party, to hold a copy of the software's source code so that if the software originator goes out of business or otherwise defaults on support, the licensee using that software has access to the source code for debugging and upgrades.”

Link to the Savannah Daily News (South Carolina, USA) homepage




You can find Deposix ' own publications in the drop-down 'Software Escrow Know-how' menu.