Trust ESCROWSURE'S Source Code Escrow solution for robust protection and access to crucial source code in case of unforeseen circumstances. This practice note addresses key issues in drafting and negotiating a software source code escrow agreement involving an independent thirdparty escrow agent.The escrow agreement sets out the conditions under which the source code will be released to the licensee. The licensor and licensee must agree not only whether to enter into a source code escrow agreement but also who should bear the expense. The software owner or distributor puts the source code into escrow under an agreement with the NCC. When should I require an Escrow Agreement for my contract? There is a potential need to obtain source code for a software, application or complex solution. Protect your software investment: Learn how to prepare your source code for escrow in 7 simple steps. As part of the program, KCHA will open an interest-earning escrow account — similar to a savings account — in your name. Fill out an enrollment packet; Sign your Contract of Participation.