We know the importance to businesses of the original human-readable programming code of a piece of software, or ‘source code’ as it is commonly known.
To the software or website developer, it is something to be jealously guarded, to prevent the software being copied and the value of the asset being undermined or even destroyed. To the licensee, having access to the source code can be desirable to ensure the business is not paralysed if circumstances prevent the developer from remedying errors.
Escrow agreements can represent a compromise which maintains the secrecy of the source code but which enables the licensee to obtain the source code in certain circumstances (such as the insolvency of the developer). We have experience of drafting these agreements from both perspectives to produce results which protect our clients’ interests whilst satisfying both parties – enabling them to maintain a mutually beneficial working relationship.
Information technology solicitors
To arrange a discussion with an information technology solicitor click here or call us on 0800 840 4929.

