Eight crucial steps are outlined: assessing risk, determining deposit content, budgeting, selecting an escrow agent, negotiating contracts, prompt verification. A software escrow agreement is a legal arrangement where the source code of a software application is securely deposited with a neutral third party.Software Escrow Verification tests the source code and material held under the Software Escrow Agreement to ensure it is correct, complete, and can be rebuilt. Step 6: Create an Escrow Agreement​​ Work with your escrow agent and the beneficiary to draft a clear and comprehensive escrow agreement. Escrow Process for Software Update. To achieve their desired benefit in escrow agreements, parties require the currency of the source code. TÜV SÜD securely stores the software source code during the contractual period and makes it available to the user under contractually stipulated terms. The testing of the source code in a software escrow deposit is an integral part of every software escrow agreement. In addition, ensure that the agreement sets out the procedure for delivering the Deposit Materials to the escrow agent. A Software Escrow agreement is a critical tool in safeguarding intellectual property (IP) and ensuring the smooth continuation of business operations.