An escrow of a (software) source code with a neutral third party (the escrow agency). When licensing software, experience has shown that a wide array of potential points of friction can arise between software developers and their customers (the users). Opinions are often divided once it comes to disclosing the source code, if not earlier. This conflict of interest, which is so typical for the software industry, can be avoided by a so-called escrow agency – an independent trustee with technological expertise who deposits the source code neutrally for both parties.
- Digital data / intellectual property (IP) in general
- Artificial intelligence (AI): trainings data (Big Data Pools) und models – cloud based or offline
- Firmware, embedded software
- Construction drawings and plans, maintenance data – for example, for wind turbines
- All types of classic software – classic software licensing model
- Cloud / Software as a Service (SaaS) / Analytics as a Service (AaaS) applications
- Keys / access passwords
- Company data in the event of a company acquisition (Due diligence)
- Procurement lists
An escrow contract is closed (typically between 3 parties), and then the deposit material is gathered by the licensor and handed over to Deposix. Deposix checks the material (if necessary via a thorough technical verification – for example, a reconstruction of the software on a neutral computer) and confirms the receival to both parties. Finally, Deposix actively supervises the contract. For example, Deposix takes care of updating the deposited source code, among other things.
An escrow agreement is a stand-alone contract in which all legal relationships between the three parties ( licensor, licensee and escrow agent) are regulated. Elements of the contract include, for example, the conditions under which the escrow material may be released, update periods, liability matters, and rights to the material.
