Source code escrow (or software escrow) is a complex, but important concept. If your business is dependent on custom-developed software (or data), you should consider placing it in safekeeping - in escrow. That would be a prudent risk management practice, [...]
The decision to place code in escrow is just the start of the source code negotiations, not the end. The devil really is in the detail in this case and clear rules for release of the code held in escrow need to be specifically thought about in relation to the specific needs of the licensee and drafted explicitly so that there is no room for doubt in the minds of any of the parties to the escrow agreement as to whether or not the code may be released.
