When should I require an Escrow Agreement for my contract? There is a potential need to obtain source code for a software, application or complex solution.Agencies should insist upon clearly defined conditions in the escrow agreement as well as the ability to deliver effective instructions to the escrow agent. A software escrow agreement is a legal arrangement where the source code of a software application is securely deposited with a neutral third party. Software escrow stands as a strategic tool for companies aiming to mitigate the risks associated with their reliance on software. A source code escrow agreement is a contract between a client and a software developer, ensuring client protection if software maintenance fails. Protect business critical software with Escode's Software Escrow Agreements, ensuring business continuity, compliance, and secure intellectual property. ContractsCounsel has assisted 40 clients with software source code escrow agreements and maintains a network of 61 technology lawyers available daily. A SaaS escrow agreement exists to outline how the software data will be delivered from the software as a service, or SaaS provider. Instant access to fillable Microsoft Word or PDF forms.