FAQ – Escrow offers to the APP
The aim of the escrow service proposed by the APP is to secure the relationship between a software provider and the user of this software, by allowing the user to access the source code of a software deposited with the APP in case of a failure of the supplier (winding-up, non-compliance with contractual undertakings, etc.) and to be thus able to continue the use of the software.
The APP proposes two escrow offers with the same purpose but with different implementation modalities:
- The escrow agreement, a tripartite agreement concluded between a supplier, its client and the APP;
- The « access clause » included in a bipartite contract concluded between a supplier and its client. The APP is not a signatory to this contract.
The escrow agreement
The aim of the escrow agreement is namely to foresee deposit modalities (nature of deposited elements, frequency of updates, verification of deposited elements, etc.) as well as the cases of access to the deposited elements. The APP also provides specific monitoring of the escrow agreement throughout the duration of the contract.
This contractual solution guarantees an increased security for the beneficiary regarding the access clause applicability and the nature of the deposited elements.
The “access clause”
In order to be effective, this “access clause” must mention the name and registration number (“IDDN number”) of the work concerned, the fact that the APP is a third party trustee and the cases in which access to the deposited elements is possible.
The APP does not sign this agreement. However, the APP member must declare to the APP the existence of the access clause when it is set. To be able to do so, the APP member must subscribe to our offer called “Management of an access clause”.
With this subscription, it is the supplier’s responsibility to inform the beneficiaries the deposits and updates of the work under an access clause, since the APP does not provide any information to the beneficiaries.
For more information on escrow and/or to obtain our models, you can contact our Legal Department at firstname.lastname@example.org.