Software Escrow Agreement Checklist

Summary

This checklist sets out the elements to be considered in the drafting of a software escrow agreement, which is a contract between a user, a software developer (supplier) and an escrow agent in which the escrow agent agrees to provide a secure location for the storage of the developer's source code and other reference material and to provide it to the user if the developer becomes unable to provide support for the software. It includes a discussion of the parties, the purpose of the agreement, definitions to be set out, the term of the agreement and the initial and updated deposits and storage requirements.