Trust ESCROWSURE'S Source Code Escrow solution for robust protection and access to crucial source code in case of unforeseen circumstances. The escrow agreement sets out the conditions under which the source code will be released to the licensee.This practice note addresses key issues in drafting and negotiating a software source code escrow agreement involving an independent thirdparty escrow agent. The licensor and licensee must agree not only whether to enter into a source code escrow agreement but also who should bear the expense. AGREEMENT shall mean this AGREEMENT on source code escrow services. The software owner or distributor puts the source code into escrow under an agreement with the NCC. As part of the program, KCHA will open an interest-earning escrow account — similar to a savings account — in your name.