Template Software Escrow Agreements

Simplify your Software Escrow protection with Template Software Escrow Agreements, complete with standard terms across each agreement you require
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Protect Your Business Critical Applications Today

Speak to our specialists about protecting your business critical applications with Software Escrow. SES provides a full suite of Software Escrow agreements certified to UKAS ISO: 27001 and ISO: 9001 standards. 

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Standard Software Escrow Agreements for every scenario

A Software Escrow Agreement is a tri-party agreement between the software supplier (Licensor), end-user (Licensee) and SES to protect software that has been developed specifically to meet an end-users particular requirement.

Under the terms of the Software Escrow Agreement, the software supplier will deposit the source code version of the licensed application along with any supporting materials (including application data for hosted/ SaaS applications) to SES. In the event of supplier failure, the end-user can retrieve the source code from SES to redeploy their application without interruption and with minimal downtime to their business.

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Standard Software Escrow Agreement templates

As standard, SES offers a range of template agreements designed to protect end-users in a variety of circumstances and simplify the process of offering Software Escrow protection for software suppliers.

On-Premise Software Escrow

Standard Software Escrow protection designed for end-users using critical applications installed on-site at their premises.

SaaS/Cloud Escrow

Software Escrow designed to protect end-users using critical applications which are hosted or delivered through a SaaS model.

Data Escrow

Designed to capture your data at the frequency you require, optional and scalable data allowances using our secure online portal or physical collection service. GDPR regulated Escrow Agreements ensuring real-time protection, ICO compliance and immediate data access.

Master Multi Licensee

Designed for software developers with multiple clients using Escrow protection. This agreement enables the developer to consolidate all of their Escrow agreements into one single agreement to protect all clients using any version of their application.

Master Services

Designed for end-users with multiple applications which require Escrow protection. This agreement enables the end-user to consolidate all of their Escrow protection under one single agreement to protect all of their applications.

Non-Signatory

To simplify Escrow protection even further, SES offer non-signatory Escrow Agreements for our Master Multi Licensee and Master Services Agreements to enable new clients or new applications to be easily added to the Escrow agreement, simplifying the Escrow process.

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Software Escrow tailored to your business

At SES we have broken our core Software Escrow services into four distinct service levels to make it easier for our customers to choose the right protection for their business. All of our Escrow Agreements can be used to protect both on-premise and hosted software applications, are secured to ISO: 27001 standards and include the highest liability indemnity insurance available (£5 million).

Already have a Software Escrow Agreement in place with another supplier? Our Free Transfer offer enables you to transfer your existing Software Escrow portfolio to SES at no additional cost. There are no setup fees and SES will manage the entire process on your behalf.

Level 1 - Basic

Includes contract fees and two deposits of code annually with Basic Deposit Reporting on each deposit.
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Software Escrow Agreement iA contractual agreement between an End User, a Software Developer and SES to ensure the continuity of a licensed software application.
Basic Deposit Reporting iA standard validation test applied to all Software Escrow deposits to ensure the code held in Escrow is accessible and virus free.

Level 2 - Code Validation

An annual, consultant-led validation process to ensure the application can be rebuilt from the source material held in Escrow.
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Software Escrow Agreement iA contractual agreement between an End User, a Software Developer and SES to ensure the continuity of a licensed software application.
Basic Deposit Reporting iA standard validation test applied to all Software Escrow deposits to ensure the code held in Escrow is accessible and virus free.
Code Validation Testing iInvolves an SES testing consultant witnessing a full rebuild of the application in the developer’s environment and documenting the entire process. The independent report and audio-visual recording enables an ASP to accurately redeploy the application in the event of a release.
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Level 3 - Code & Deployment Validation

Bespoke validation processes are undertaken based on the requirements of the software user.
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Software Escrow Agreement iA contractual agreement between an End User, a Software Developer and SES to ensure the continuity of a licensed software application.
Basic Deposit Reporting iA standard validation test applied to all Software Escrow deposits to ensure the code held in Escrow is accessible and virus free.
Code Validation Testing iInvolves an SES testing consultant witnessing a full rebuild of the application in the developer’s environment and documenting the entire process. The independent report and audio-visual recording enables an ASP to accurately redeploy the application in the event of a release.
Simulated Release Event iThe simulated release event demonstrates the build documentation captured as part of the Code Validation Testing is sufficient for an ASP to accurately redeploy the application upon release.

Level 4 - Continuity 365

Complete and rapid accessibility to hosted applications in the event that the supplier is no longer available.
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Software Escrow Agreement iA contractual agreement between an End User, a Software Developer and SES to ensure the continuity of a licensed software application.
Code Validation Testing iInvolves an SES testing consultant witnessing a full rebuild of the application in the developer’s environment and documenting the entire process. The independent report and audio-visual recording enables an ASP to accurately redeploy the application in the event of a release.
Interim Release Provision iFor standard Escrow, the release process varies typically between 14 to 30 days (across the Escrow industry), and additionally the recovery time can be a matter of days or weeks. While waiting for this process to complete there is a real danger to the software user of increased operational downtime. SES's LCP provides a real-time Interim Release that bridges the gap between initiating the release process and its completion.
Backup & restore for apps, data & VMs iBy ensuring critical assets are backed up regularly using advanced scheduling and targeting, you can guarantee that you and your customer’s information is protected effectively.
Live Licensee Continuity Planning iWe will help you plan your disaster recovery response and work to implement a bespoke strategy which will be continually assessed and improved after each recovery exercise.

Our expertise. Your questions answered

Why do I need a Software Escrow Agreement?

For End Users of business-critical applications, a Software Escrow Agreement protects you against the developer of your business-critical applications no longer being able to support their applications.

For Software Developers, an Escrow Agreement helps build credibility and trust that you have your clients interests at heart. 
 

How does a Software Escrow Agreement work

In its simplest form, an Escrow Agreement is a tri-party agreement between an End User, a Software Developer and a third party Software Escrow Agent. The Developer licenses the application to the End User as usual but also deposits a copy of the source code for the application and any other material required to accurately redeploy the application into Escrow which can then be released to the End User if a release event contained within the Escrow Agreement is triggered. 

How much does a Software Escrow Agreement cost?

The answer to this is entirely dependent on the level of protection you need. SES offers a range of Software Escrow Agreements depending on how many clients will be added to the agreement (for Software Developers), how many business-critical applications the agreement will be used to cover (for End Users) and whether the application/s in question is installed on-premise or delivered through a SaaS model. 

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