Source Code Custody Agreement

Typically, licensed software is distributed in the object code, which can be read and interpreted by a computer. The source code is the readable (and editable) version of the code, which is processed by a compliance to generate the object code. When a company licenses software, it only receives the final product ready to work, not the source code. Source code is important because it contains all the logical instructions and processes that control data processing and software functionality. Changing this source code is the only way to make major changes to the software itself used by the licensee. Custom enterprise software companies depend on source code as an important IP for their business. These are their trade secrets, which are essential to the operation, so that no software company is willing to provide this source code to its customers. When companies are delivered to custom software, they only receive executable code. Unfortunately, source code is essential when software adaptations need to be made, fundamental errors and problems to major operational adaptations. Even the ease of maintaining and updating the software requires source code. Either the licensee or the licensee should choose an agent.

In general, the licensee must choose and pay for the agent so that the owner of the software has a choice between the third party responsible for storing and manipulating the source code. In addition, the licensee often has more than one licensee applying for the trust, and each time, the same agent facilitates the registration and negotiation of the contract. Often, the underwriters allow the licensee to choose the agent if the donor also pays the trust fee. At EscrowTech, we understand these situations and, for more than 24 years, we have been adapting our agreements to these challenges. The agreement should include a licensee license if the code is published, which describes how the holder can use the code (only for maintenance) and process the code (confidential, etc.). If you are a licensee, Software-Treuhandland is a necessary part of your business, which is requested by licensees. In many cases, licensees do not understand the process or why they apply, and sometimes some discussions about business objectives may help. If z.B.

does not exist a maintenance contract for the software or if the software is leased via an ASP model without the time required for the licensee to make available, there is no reason to have a software trust. This is usually controlled by a software license agreement, or a service agreement between the developer and the trust fund for the end user`s source code may be valuable, but there are trade-offs. Maintenance for these agents can be expensive, as the software is held for a long time and is rarely published. Sometimes the code published once can also be defective or difficult to interpret and use for third parties.