SWEAG essentially undertakes to hold the source code and, if applicable, further documentation in trust and to hand it over in precisely defined cases. In the software escrow agreement, the beneficiary (licensee) is regularly granted the right to review the content of the source code together with the depositor (software manufacturer). SWEAG, on the other hand, only checks the deposit object for quantity and external appearance. SWEAG does not check the content, as SWEAG does not have the necessary test or production environment for the material check. At the request of the parties, however, SWEAG offers support for the handling of a code review.
What are typical release cases?
The release cases are the core of a software escrow agreement. SWEAG has many years of experience and great know-how in the formulation of surrender cases, which benefits the parties. Typical release cases are, for example, the bankruptcy of the depositor (software manufacturer), the entry of the depositor into the liquidation stage or also its discontinuation of development or maintenance activities.
How is the use by the beneficiary regulated in case of a release?
The rights of use of the beneficiary in the case of release are normally governed by the provisions of the basic relationship between the depositor (software producer) and the beneficiary (licensee).
What about the costs?
The deposit costs consist of an initialisation fee, an annual value-based deposit fee and, in the case of multiple deposits, an annual beneficiary fee. Furthermore, additional customer-specific services are offered at cost.
The software escrow agreement usually provides that the depositor (software producer) or the beneficiary (licensee) has to pay the fees with joint liability of the other party.