West Virginia User Oriented Source Code Escrow Agreement

State:
Multi-State
Control #:
US-13086BG
Format:
Word; 
Rich Text
Instant download

Description

Source code is the list of human readable instructions that a programmer writes when developing a program. The source code is run through a compler to turn it into machine code, also called object code that a computer can unerstand and execute.

West Virginia User Oriented Source Code Escrow Agreement refers to a legal contract established between three parties: the software developer, the end-user, and the escrow agent. This agreement is designed to ensure the protection and access to source code for the end-user in case of specific predetermined events, such as the developer's bankruptcy, discontinuity of services, or failure to maintain the software. By implementing the West Virginia User Oriented Source Code Escrow Agreement, the end-user gains' peace of mind and safeguarding measures regarding the software's maintenance and future functionality. This agreement guarantees that the end-user can access and modify the source code to either maintain the software or hire another developer for the same purpose. In West Virginia, there are various types of User Oriented Source Code Escrow Agreements, including: 1. Single Beneficiary Escrow Agreement: This type of agreement involves a single end-user who is the sole beneficiary and holds the exclusive right to access the source code. 2. Multi-Beneficiary Escrow Agreement: In such cases, multiple end-users are involved, and the agreement outlines the terms and conditions for each beneficiary to access the source code. 3. Developer-Friendly Escrow Agreement: This type of agreement puts the developer at ease, assuring they will not lose their intellectual property rights. The developer maintains control over the source code until predetermined events transpire. 4. End-User-Focused Escrow Agreement: This particular agreement aims to maximize the interests of the end-user. It provides detailed guidelines and requirements for the developer to ensure the continued availability and functionality of the source code. 5. Time-Based Escrow Agreement: This type of agreement defines a fixed period, typically several years, during which the source code will be held in escrow. Upon the agreement's expiration, the end-user gains access to the code unless specific conditions extend the duration. In summary, the West Virginia User Oriented Source Code Escrow Agreement establishes a legally binding contract between the software developer, end-user, and escrow agent to protect the end-user's interests and secure access to the source code. The specific type of agreement may vary depending on the number of beneficiaries, the focus on developer or end-user priorities, and the duration of the escrow period.

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FAQ

A software escrow is a service that helps protect all parties involved in a software license by having a neutral 3rd party escrow agent hold source code, data, and documentation until a mutually-agreed-upon event occurs.

Types of Escrows for SaaS SystemsMany SaaS licensees still request source-code-only escrow, but this comes with some drawbacks. With a SaaS product, you need all the codes and information for it to work properly, so a source-code-only escrow won't do much if the vendor stops supporting or offering the product.

A source code escrow agreement typically instructs the agent to release the source code to the licensee if and when a specified event occurs, such as the licensor becoming insolvent or defaulting on its maintenance obligations under the principal license agreement.

As an indicator, a Single Beneficiary Software Escrow Agreement for source code including unlimited deposits from Git repos such as GitHub, Bitbucket or GitLab would cost $1,895 / £1,395 per year.

Under the Software Escrow Agreement, the supplier periodically deposits a copy of the software source code and associated materials for secure storage within NCC Group's secure physical or virtual vaults, ensuring that the material can be accessed and released should the need arise.

Depending on the situation, the software escrow fees may be borne solely by the developer, the beneficiary, or even split equally between both parties. During the negotiation of the software license agreement, a clause for the inclusion of a software escrow agreement is often included.

A software escrow is a service that helps protect all parties involved in a software license by having a neutral 3rd party escrow agent hold source code, data, and documentation until a mutually-agreed-upon event occurs.

Source code escrow is the deposit of the source code of software with a third-party escrow agent. Escrow is typically requested by a party licensing software (the licensee), to ensure maintenance of the software instead of abandonment or orphaning.

Source code escrow is the deposit of the source code of software with a third-party escrow agent. Escrow is typically requested by a party licensing software (the licensee), to ensure maintenance of the software instead of abandonment or orphaning.

More info

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West Virginia User Oriented Source Code Escrow Agreement