Technology Escrow

Source code escrow is a common way for software users to protect against the risk of software suppliers going out of business or being unable or unwilling, for other reasons, to support their product. A source code escrow is a three-way legal agreement between the licensee (software supplier), licensor (customer) and an Escrow Agent. The licensor places a copy of their software source code with the Escrow Agent. The agreement specifies release conditions such as the supplier going bankrupt or withdrawing support of the software product. If a release event occurs, the Escrow Agent (following due legal process) will release the source code to the licensee. With the source code in hand the licensee can arrange an alternative support and maintenance provider for the software. Around 75% of all software license contracts mandate source code escrow.

Ostensibly, source code escrow is a prudent measure to mitigate software supplier risk but current statistics show that over 95% of source code escrows are unusable due to lack of verification and maintenance. The commercial focus on Business Continuity Planning (BCP), Disaster Recovery Planning (DRP) and regulatory compliance has highlighted this significant risk and is driving the need for sophisticated escrow solutions that deliver the risk protection software licensees require.

APPS Global is committed to protecting the intellectual property of software developers while delivering effective risk protection for software users. The APPS Global Advanced Escrow Service (AES) dramatically increases source code escrow quality and addresses many common risks with escrow. The live nature of our Advanced Escrow Platform means economies of scale are possible. For example the software supplier can use escrow as a hot off-site backup. APPS Global is raising the quality of source code escrow by leveraging state-of-the-art technologies such as imaging and virtualisation while managing deposits through purpose built systems and processes.

Advanced Escrow Service

Whether you are a software developer, distributor, or user, the APPS Global ‘Advanced Escrow Service’ (“AES”) is a generation ahead of most escrow providers because it includes a basic and independent technical verification of the source code deposited. This verification uses a specially designed 10 point check process to assess the contents of the deposit for consistency with the escrow agreement and completeness of the deposit.

This 10 point verification will uncover basic critical problems common to all source code escrow deposits. Our experienced technical staff will provide a report and any recommendations for further verification or corrections as required.

Advanced Escrow Platform

In most cases having the source code is not enough. Build tools and dependency software such as external libraries and seed data could amount to 60% or more of an escrow deposit but in most cases is missing. These files are seldom included in escrow so having the source code almost becomes a moot point. This is the Achilles-heel of source code escrow today. Advanced Escrow Platform is a plenary software escrow solution to address this problem.

The APPS Global Advanced Escrow Platform is based on disk imaging and/or virtualisation such as VMWare, Virtual PC, Parallels etc. which ensures the complete software development environment and dependency software to build the source code are included in the escrow deposit. Software developers can submit a copy of their disk images or virtual machines to our Advanced Escrow Service and our engineers will do the necessary processing to create a standardised escrow deposit based on our Advanced Escrow Platform specification.

Standout benefits of the Advanced Escrow Platform are:

• Lightweight process for software developers

• Build-on-demand availability

• Dramatically lower cost of escrow deposit builds and verification

• Maximum protection for software users/licensees

The APPS Global Advanced Escrow Platform is an increasingly popular choice among software developers and users. It offers an elegant next-generation approach to delivering high-quality source code escrow. APPS Global also offers a low cost switching program allowing customers to move from their current legacy escrow agents to the APPS Global Advanced Escrow Service and Platform.

Quick Start Advanced Escrow Package

The Quick Start Advanced Escrow Package is a fast way to get started with quality escrow protection.

Quick Start Advanced Escrow Package includes:

• Fast engagement

• Simple low start pricing

• Standard service level

• Straight forward terms (emailed engagement letter)

• Optional unbundled escrow or verification

• A supplied escrow agreement (optional use of third party agreement)

• Ten point technical verification of deposit

• Verification report and recommendations (if any)

• Physical or Electronic source code lodgment

• Optional use of Advanced Escrow Platform

• Quarterly updates with verifications

• All inclusive quarterly fee

APPS Global will rebate the transfer costs from escrow agreements with legacy escrow service providers under the quick start plan. This offer includes escrow deposit transport costs and a termination rebate to the value of AUD$400. For most escrow agreements in place today this will deliver a low or zero cost switch to APPS Global’s premier Advanced Escrow Service.