Source Code Escrow Agreement

This agreement is used when a business relies on third-party software and requires contingency access to the software’s source code. It establishes an escrow arrangement under which source code may be released if specified triggering events occur, such as provider insolvency or failure to support the software.
What This Form Supports:
  • Documentation of source code escrow arrangements.
  • Defined conditions for release of escrowed source code.
  • Continuity planning for business-critical software.
  • Alignment between licensing rights and escrow protections.
This form is typically used in connection with a Software License Agreement and should be coordinated with the terms governing maintenance, support, and permitted use of the software.