Lawyers – motive
The purpose of escrow software is to minimize the risks associated with the development and maintenance of information systems. The essence of the service consists in the safe custody of the application source code with an independent party – an escrow agent, based on a conditional three-party agreement between the user, the software producer and the escrow agent. If the agreed conditions are fulfilled (termination of the supplier, breach of SLA), the contract entitles the escrow agent to release the source codes to the user in order to continue maintenance and development of the software with another partner.
Software escrow in the Czech legislative environment
From the perspective of legislation, escrow software is a standard institute governed by the provisions of § 2402 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, where the escrow agent acts as the custodian, the software contractor is the depositor and the user is the person entitled to take over the software from escrow.
Why escrow software with us?
Deponest s.r.o. guarantees complete independence within the contractual relations between the user and the software contractor and, due to its industry focus, cannot conflict with the interests of the representatives of the individual contracting parties. Deponest s.r.o. does not only focus on the top technical performance of the actual custody implementation, but we also pay considerable attention to the compliance of our activities with the applicable legislation. We are able to provide professional assistance in negotiating escrow terms and conditions and any modifications to the main contractual documentation governing the relationship between the parties in the area of terms and conditions and references to escrow software as part of our services.