DEUTSCH / ENGLISH
04

SWEAG’S SERVICES

04.1 OVERVIEW

Safe and neutral storage of:

dotsoftware source codes (including updates)
dotdevelopment documentation (plans, protocols, etc)
dotsystem documentation (technical and application-based
dotinstructions, program descriptions)
dotother documents and contracts that need to be kept safe and secure

Release of the deposited object if a given trigger event occurs:

dotnon-performance by a contracting party (death,
dotbankruptcy, termination of business activities, etc)
dotinadequate performance of contractual provisions
dot(e.g. licence, maintenance)
dotin other pre-defined case-specific scenarios

Other services

dotprovision of made-to-measure escrow agreements
dotexpert legal advice in all escrow matters
dotcheck by independent experts of the object lodged in escrow
dotconvening of arbitration panels in cases of conflict on the
dotrelease of objects lodged in escrow

04.2 INDIVIDUAL DEPOSIT

Manufacturer and user sign a (three-party) escrow agreement with SWEAG. SWEAG takes a data medium with the source code and the programming documentation of the licensed software into safe custody, obtains a fiduciary ownership in it, and releases it to the user or manufacturer in accordance with the contractual provisions for its release.

04.3 MULTIPLE DEPOSIT

The manufacturer of a standardized software signs an escrow agreement with SWEAG that defines the contractual conditions on which it may meet a release claim by authorized users listed in an expandable schedule of such users. He hands over a copy of the source code to SWEAG to hold in safe custody as fiduciary owner. SWEAG releases the object lodged in escrow to users if a contractual trigger event for release occurs.

04.4 CODE CHECKS

As a rule, a check of the object lodged in escrow is feasible and necessary only if the source code could be used and compiled in a test or production environment. We therefore offer our help in the operational procedures for code checking, either on the manufacturer’s or the user’s premises, and for the subsequent transport of the object to the lodgment site.

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