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The aim of the software escrow is to minimize the risks related to the development and maintenance of information systems. This service provides a safe deposit of source codes of software applications by an independent party – an escrow agent – based on a three-party agreement between the user, software producer, and escrow agent. If the conditions agreed on (bankruptcy of the supplier or violation of the SLA) are fulfilled, the agreement entitles the escrow agent to release the source codes to the user with the aim of continuing in the maintenance and development of the software with some other partner.

Software escrow and Czech law

Czech law views software escrow as a standard institute governed by the § 747 of 40/1964 of the Civil Code, as amended. Escrow agent is the one to keep the deposit, software producer is a licensor, and the user is a licensee entitled to receive the software from the deposit. Even though this is a type of contract regulated by the Civil Code, its conditions may be governed by a provision § 261 of 513/1991 of the Commercial Code, as amended.

Why software escrow with us?

Deponest s.r.o. service guarantees absolute independence within contractual relationships between the software producer and software user and – given its professional focus – cannot be in conflict with the interests of individual contracting parties. Deponest s.r.o. does not focus only on top technical implementation of the deposit as such, but it also keeps its activities in harmony with currently valid law. When negotiating the deposit conditions and possible modifications of the main contractual documentation regulating the relationship between the contracting parties related to the software escrow, we are able to provide also a professional assistance as part of our services.

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