This Software Source Code Escrow Agreement (“Agreement”) is made and effectiveby and between _________________________________________(“Escrow Agent”) and _______________________________________________________ (“Developer”).
Developer licenses the use of certain computer programs to certain users pursuant to license agreements. Continuous availability of such programs and maintenance related to them are critical to those users. Developer performs necessary maintenance and modification of its programs for its users without disclosing such documentation to them or other persons.
Developer wishes to protect the integrity of its programs from duplication, theft or other misappropriation by maintaining them in strict confidence as trade secrets, and wishes to inure that maintenance for Developer’s software is available in the event Developer fails to fulfill its maintenance obligations or in the event Developer does not remain in business…..
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