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What’s the difference between software vs. source code vs. SaaS escrow? 

Software escrow. Source code escrow. Saas escrow. Technology escrow. Data escrow. Information escrow. Domain escrow. So many escrows!

If you’ve been researching what a software escrow agreement is—and since you’re reading this article, a wild guess would be that you have. You have  probably come across these and other terms. But what do all of them mean?

 

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As described throughout this article, this is the most common type of escrow, designed to store not only source code, but also build instructions and any other important documentation that would allow a licensee to update and maintain a mission-critical software application. Though they are most commonly used for traditional on-site software licenses, software escrow can also be used for development agreements, software acquisition agreements, and any other transactions involving software.

 

Data Escrow, Saas Escrow, Source Code Escrow, it can all get a little confusing, this is why we accumulated all the frequently asked questions straight.

 

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Specifically, by deploying data escrow, the application's end-user (licensee) ensures they are always able to access the most up-to-date copy of the data they need to operate critical functions and ensure business continuity. The data in escrow can only be released to the licensee under predefined (and verified) conditions, such as in the event of a natural disaster or their licensor running out of business.

 

What does Data Escrow mean?

Data escrow is a specialized data protection solution designed to maintain the safety and integrity of data essential to the proper functioning of a mission-critical software application.

 

Who is data escrow for?

Any company that builds software applications and their clients. While data escrow is not intended to replace operational backups, security-minded companies that commission software use data escrow to bolster their risk mitigation. Software developers, on the other hand, use it to boost sales by strengthening their business case and providing more value to their clients.

 

Why do people use data escrow?

When you build and use a software application, you create data. There is no way around it. And this data can be stored in environments where software is deployed and executed, including databases in different physical locations, asset stores like AWS S3 and Microsoft Azure, in-memory databases, and many others. In case critical data suddenly becomes inaccessible for any reason, your software application would lose its normal functionality.

 

What can cause data loss?

Data loss occurs when data is accidentally deleted or something causes it to become corrupted. Viruses, physical damage, formatting errors, or a combination of these can render data unreadable by both humans and software, posing a risk to the financial health of businesses of all sizes.

 

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What is a software or source code escrow agreement?

If you’re a SaaS company and you’ve been in business for a few years now, you may have already come across a prospective business partner who was pretty insistent on the inclusion of a software or source code escrow agreement as part of the license terms. Eager to close the deal you’ve been negotiating laboriously for weeks or months, you now need to figure out how to give your client what they want while finding a way to save resources, whether it’s time or money.

If, on the other hand, you’re a company looking to gain a competitive advantage by using new technology and automating your business processes, you may be outsourcing the development of said technology (i.e., software application) to an emerging software company. If that company is not quite established or profitable yet, you may now be considering minimizing the risk for your own company by implementing a software escrow agreement.