Source Code Escrow Agreements

Source code escrow agreements are a important feature of a custom software licensing deal. This type of agreement permits the licensee to obtain access to the software's all-important source code under certain limited circumstances. The need to access the source code involves the protection of intellectual property including trade secrets.

The following questions have been addressed in this article:

What are the circumstances in which a source code escrow agreement should be in place?
What are considerations that must be taken into account in the drafting of the escrow agreement?

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