Published monthly, December 2003

 

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Establishing Escrow Agreements


Simply having escrow agreements within software license contracts is not enough. Midsize businesses should specify the following within the agreement:

The specific circumstances under which they would gain access to the code.
The timeframe required before gaining that access.
The rights that would be available to the enterprise once the source code is in hand.

Further, any organization that uses escrow agreements should have plans in place as to how the code would be supported and maintained if necessary. Approximately 70% of escrow agreements are three-party agreements in which an independent agent holds the code and is authorized to release it to an enterprise if any such events occur.

Good software deals require a lot more than getting a good initial price. At the upcoming Midsize Enterprise Summit, Jane Disbrow, research director in Gartner research, offers “Tips and Tricks for Getting the Best Software Deal”. Qualify to attend this North American event as our guest now.

Reference
Research Note
Midsize Enterprise Summit Business Continuity Questions
Published: February 6, 2003
Author: D. Scott and F. DeSalvo, Gartner, Inc.

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