DEUTSCH / ENGLISH
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REASONS FOR A SWEAG SOFTWARE ESCROW

02.1 GENERALLY

The security requirements of the contracting parties in an IT project vary in kind. The manufacturer wants to protect his technology and core know-how, and the user, in order to protect his investment, requires security of the long-term availability of this knowledge. Software escrow provided by SWEAG takes the requirements of both parties fully into account.

02.2 NON-PERFORMANCE BY MANUFACTURER

In a takeover or merger, a software product may no longer have a strategic importance for the acquiring company and be left to wither or die. If the software manufacturer’s business is shut down by bankruptcy or for any other reason, or if the developer dies, there is no longer any guarantee of the requisite support and essential access to codes and data — especially when the software is put in a bank or safe-deposit — and the fate of copyright becomes uncertain. When SWEAG obtains fiduciary ownership of the objects entrusted to it, it can also hand these over to the user if the software manufacturer becomes bankrupt. The user can then use the code as specified in the relevant agreement.

02.3 PROJECT FAILURES

Massive delays in delivery, the failure of software to perform as specified, failure to perform maintenance duties, or a product that reaches its so-called “end-of-life” state may all impair or endanger the further use of the software. The client can overcome these problems only by access to its source code.

02.4 CONTRACTUAL REQUIREMENTS

Software manufacturers increasingly face clients and distributors who demand security. In particular, the general purchasing conditions of major clients, such as government agencies, the Swiss Information Technology Conference (SIK), Swisscom, and other major corporations and organizations now demand the release of the source code, and its securing by adequate arrangements for its lodgment and secure storage, if certain circumstances arise. Understandably, especially in the case of a reusable or standardized product, the software manufacturer also wants to protect his intellectual property and is unwilling to hand over the source code. But by making use of SWEAG’s services he can still, easily and quickly, meet such demands by his clients, either by a deposit made to measure for a given client, or by the deposit of his standard product for the benefit of a numerically indeterminate clientele that can be expanded at any time. The professional quality of such a deposit bears testimony to the software manufacturer’s trustworthiness.

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