Software escrow for users

UsersBeneficiary3P Contract

The CONTINEW Escrow Agreement software is a contractual and technical solution also known as software escrow. It provides the necessary guarantees to ensure the continuity and sustainability of specific developments purchased outside the organization

Guarantee

Guaranteed access to sources, technical documentation and definition files to maintain or regenerate the software application and pursue its activity.

Simple

Simplified implementation and management for all stakeholders in the organization. Complete reports and follow-up via a secure customer page.

Contract

Tripartite contract with the partner, the end customer and CONTINEW. CONTINEW Software provides a solid response to continuity requirements.

Specialist

Industrial process and business reference framework recognized throughout the industry (defense, transport, energy, finance, services, etc.) for a top-level guarantee.

Compliant

Verifications based on best business practices to meet durability and continuity requirements.

International

Proven process and contract to address national and international needs.

Active Management

Deposits maintained and updated each time applications are changed, revised or updated.

Security

Strong measures. Secure transfers. Deposits encrypted and stored. ISO 27001 hosting in France.

Independence

An external and neutral third party, CONTINEW protects the partner’s and end customer’s interests.

White book Escrow agreement

Software and system risk management

Download (in French)

Continuity and escrow platform available 24h/7j

Monitoring

Contract management

Online certificat

Security AES-256

Hosted in France

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The #1 Software Escrow Agreement in France

A Software Escrow Agreement is a guarantee requested by a customer also named Beneficiary from its supplier also named Depositor when he/she considers that the product purchased from a supplier bears a strategic weight for his/her business and when this guarantee cannot be provided over the long term for the product and its support. This risk of dependence in the event of failure of the software supplier is covered by the Software Escrow Agreement procedure, which acts as a genuine software legal protection.

An Escrow Agreement consists in filing with a third party (notary, specialized company such as Continew) the sources, plans, design, setup and operating procedures, functional and technical documentation enabling a software product to be rebuild. This tripartite contract also named 3P Contract is particularly recommended for highly technical and long-life software.

Drawing up an Escrow Agreement is particularly suitable in the industrial and information technology fields, such as:

Electronic systems and equipments

Specific equipments

IoT (Internet of Things)

Specific equipments

Tools, testers, benches

Technical inspection of deposits

Guaranteed technical continuity

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Supplier risk management

When a Beneficiary company uses an external supplier or Depositor , the following 6 items must be checked to assess the level of supplier risk control:

- Does the contract include supplier failure provisions?

- Are release provisions to access the repository consistent with the organization’s costs and deadlines?

- Have source codes and technical data been deposited?

- Who verified that the deposit was complete and flawless?

- When was the last update carried out?

- Who is accountable to the company for the possible reuse of files?

These questions are precisely what the escrow agreement or 3P Contract provides answers to. The documents of the escrow (also called Deposit) are kept by Continew and provide both parties, customer and supplier, all the guarantees required as to access options in the contract.

- Frequently Asked Questions

Many of the answers to your questions can be found here.

How long is an escrow agreement valid for?

By default, it adapts to the main contract between the user customer and his/her supplier. An escrow agreement may also be extended by automatic annual renewal with two months’ notice.

Who pays for the service?

The end user being the main beneficiary of an escrow agreement will usually pay for the service. Please note however that some editors pay for an escrow agreement for their own developments in order to provide, on a sales and marketing basis, the necessary continuity guarantees that some of their customers may require.

What are the release provisions?

The purpose of an Escrow Agreement is to provide for the conditions under which the end user (beneficiary) will be able to access the items filed by the supplier (depositor) with the trusted third party (escrow agent).
Release provisions are the essential part of the escrow agreement. Should supplier failure occur, potentially resulting in a collective procedure, the termination of software or product maintenance, business termination, inability to reach certain objectives, etc., they will determine how things are done.

What is the scope of an Escrow Agreement contract?

The Escrow Agreement contract has an international scope. It is based on the principle of copyright recognized by all the signatory countries of the Berne Convention, governed in France by Articles L111-1 et seq. of the Intellectual Property Law.