Oakland Michigan Acuerdo de custodia del código fuente - Source Code Escrow Agreement

• Category: Tecnología - Informática e Internet
• State: Multi-State
• County: Oakland
• 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. Oakland Michigan Source Code Escrow Agreement is a legally binding contract that outlines the terms and conditions of a secure arrangement between a software developer (the licensor), a user or licensee, and a trusted third-party escrow agent. This agreement ensures the protection and availability of the source code for a software application in the event of certain predetermined trigger events or circumstances. The primary purpose of an Oakland Michigan Source Code Escrow Agreement is to safeguard the licensee's investment and provide them with access to the source code to maintain, modify, or upgrade the software if the licensor fails to fulfill their obligations. The agreement also offers a level of assurance for the licensor, as it can specify conditions under which the licensee can gain access to the source code. There are different types or variations of Oakland Michigan Source Code Escrow Agreements, depending on the specific needs and requirements of the parties involved. These may include: 1. Single Beneficiary Escrow Agreement: This type of agreement involves a single licensee who can access and utilize the source code in case of certain trigger events, such as bankruptcy, breach of contract, or continuous service interruption by the licensor. 2. Multi-Beneficiary Escrow Agreement: In this scenario, multiple licensees are parties to the agreement. Each licensee has the right to access the source code under the agreed-upon circumstances. 3. Technology Escrow Agreement: This type of agreement covers not only the source code but also other critical technology assets, such as documentation, specifications, databases, and related intellectual property rights. It provides a comprehensive safeguard for the licensee, ensuring business continuity and the ability to maintain and support the software system. 4. Conditional Release Agreement: This agreement specifies certain conditions that must be fulfilled by the licensee to gain access to the source code. These conditions can include non-payment, failure to perform obligations, or violation of predefined contractual terms. 5. Release Upon Event Agreement: This type of agreement ensures that the source code is released to the licensee upon the occurrence of specific events, such as the licensor ceasing operations, filing for bankruptcy, or entering into a merger or acquisition. It is important for both the licensor and licensee to carefully review and negotiate the terms within the Oakland Michigan Source Code Escrow Agreement to ensure that their respective interests are protected. By entering into such an agreement, the parties can mitigate the potential risks associated with proprietary software and maintain business continuity even in uncertain circumstances.

Oakland Michigan Source Code Escrow Agreement is a legally binding contract that outlines the terms and conditions of a secure arrangement between a software developer (the licensor), a user or licensee, and a trusted third-party escrow agent. This agreement ensures the protection and availability of the source code for a software application in the event of certain predetermined trigger events or circumstances. The primary purpose of an Oakland Michigan Source Code Escrow Agreement is to safeguard the licensee's investment and provide them with access to the source code to maintain, modify, or upgrade the software if the licensor fails to fulfill their obligations. The agreement also offers a level of assurance for the licensor, as it can specify conditions under which the licensee can gain access to the source code. There are different types or variations of Oakland Michigan Source Code Escrow Agreements, depending on the specific needs and requirements of the parties involved. These may include: 1. Single Beneficiary Escrow Agreement: This type of agreement involves a single licensee who can access and utilize the source code in case of certain trigger events, such as bankruptcy, breach of contract, or continuous service interruption by the licensor. 2. Multi-Beneficiary Escrow Agreement: In this scenario, multiple licensees are parties to the agreement. Each licensee has the right to access the source code under the agreed-upon circumstances. 3. Technology Escrow Agreement: This type of agreement covers not only the source code but also other critical technology assets, such as documentation, specifications, databases, and related intellectual property rights. It provides a comprehensive safeguard for the licensee, ensuring business continuity and the ability to maintain and support the software system. 4. Conditional Release Agreement: This agreement specifies certain conditions that must be fulfilled by the licensee to gain access to the source code. These conditions can include non-payment, failure to perform obligations, or violation of predefined contractual terms. 5. Release Upon Event Agreement: This type of agreement ensures that the source code is released to the licensee upon the occurrence of specific events, such as the licensor ceasing operations, filing for bankruptcy, or entering into a merger or acquisition. It is important for both the licensor and licensee to carefully review and negotiate the terms within the Oakland Michigan Source Code Escrow Agreement to ensure that their respective interests are protected. By entering into such an agreement, the parties can mitigate the potential risks associated with proprietary software and maintain business continuity even in uncertain circumstances.

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.