Maricopa Arizona Acuerdo de custodia del código fuente - Source Code Escrow Agreement

• Category: Tecnología - Informática e Internet
• State: Multi-State
• County: Maricopa
• Control #: US-KWP-0032
• Format: Word

Description

This form is a Source Code Escrow Agreement. The form provides that as compensation for the services to be performed by the escrow agent, the licensee will pay the escrow agent a certain fee which is due at the time of execution of the agreement. The document also provides that neither the escrow agreement, nor any rights, liabilities or obligations may be assigned by the escrow agent without the prior written consent of the licensee and the licensor.

Maricopa, Arizona Source Code Escrow Agreement is a legally binding contract entered into by software developers and their customers to protect both parties' interests in case of unforeseen circumstances. This agreement ensures that the source code, which is the backbone of any software program, remains accessible and usable, even if certain scenarios such as bankruptcy, acquisition, or a breach of contract occur. A Maricopa Arizona Source Code Escrow Agreement typically involves three main parties: the software developer, the customer/licensee, and an impartial third-party escrow agent. The agreement outlines the terms and conditions for depositing the source code with the escrow agent and specifies the conditions under which the code will be released to the customer. The purpose of the Maricopa Arizona Source Code Escrow Agreement is to provide the customer with a guarantee that they will have access to the source code in case of any events that prevent the software developer from fulfilling their obligations. This agreement ensures the continuity of software maintenance, upgrades, and modification, allowing the customer to reduce risks associated with software dependencies and potential disruptions. Various types of Maricopa Arizona Source Code Escrow Agreements may exist depending on specific requirements and circumstances. Some commonly used types include: 1. Single Beneficiary Escrow: This type of agreement involves a single customer/licensee as the sole beneficiary. The source code is released to the customer only if specific triggering events, as defined in the agreement, occur. This arrangement is suitable for customers who have commissioned custom software development from a single provider. 2. Multiple Beneficiary Escrow: In this type of agreement, there are multiple beneficiaries/customers who share access to the source code. The release of the code usually occurs when certain predefined events occur, such as the software developer going out of business or breaching the contract. This type of agreement is typically used when the software is sold to multiple clients or when a consortium of customers shares the same software. 3. Two, Three, or Multi-Party Escrow: This type of agreement involves multiple parties, including software developers, customers/licensees, and sometimes even investors or financiers. Each party has a specific interest or dependency on the software code and wants to ensure its accessibility and usability in the event of certain triggering events. In conclusion, a Maricopa Arizona Source Code Escrow Agreement is a crucial legal instrument that protects the interests of customers and software developers alike. By depositing the source code with an impartial escrow agent, this agreement ensures that the customer can continue using and maintaining the software in case of unforeseen events. The specific type of agreement may vary depending on the number of beneficiaries involved and the nature of their relationship with the software developer.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.