First of all, only a small percentage of the faithful software is ever published. Iron Mountain, the dominant fiduciary agent in the United States, has thousands of trust accounts and more than 45,000 clients worldwide who have stored their software and intellectual property on Iron Mountain, including more than 75 percent of the Fortune 500 (www.ironmountain.com/ipm/escrow/). Between 1990 and 1999, Iron Mountain published 96 trust accounts, or less than 10 accounts per year (www.ironmountain.com/knowledge/ipm/deposit.asp). While it is not known how many are typically published in a given year, these low publication rates indicate that an exit event is rare and that it is easier to find an alternative software provider. Consolidating the relationship with your beneficiaries through a trust agreement is an attractive business case. They allow your customers, acquirers and users of your technology solutions to have supervised access to items you have previously filed with the APP in the event of a site failure (liquidation, insufficient maintenance, etc.). . Since continued operation and maintenance of custom software is essential for many businesses, they generally want to ensure that they continue even if the licensee is unable to do so. B, for example because of a bankruptcy. The easiest way is to access a copy of the current source code.
However, the licensee will often not be willing to accept, as the source code is usually one of their most confidential business secrets.  The fiduciary agreements described above are the most appropriate for custom software that is not available to the general public. In some cases, the source code for standard commercial software may be filed as a fiduciary to be published as open source and open source software under an open source license, when the original developer stops development and/or if certain fundraising conditions are met (the threshold deposit system). For more information about Trust and/or to obtain our models, you can contact our legal department at firstname.lastname@example.org. As a solution to this conflict of interest, the escrow source code ensures that the licensee has access to the source code only if the maintenance of the software cannot be provided otherwise, as defined in the contractual terms.  A source code clause in a software license agreement provides for an agreement whereby the source code (as well as regular updates) can be filed with a trusted third party, so that the code can be disclosed to the licensee if the licensee is unable or willing to support the software.