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.
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 - as prudent risk management practice in [...]
We are often asked by users of mission-critical software whether they should purchase the software, or merely license it from the vendor. Here is some guidance and options. Ownership of software Ownership of the Software is the securest position a [...]