Drafting Source Code Escrow Agreements: Allocating Risks and Costs Between Parties, Record Retention, Data Security
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with best practices on drafting source code escrow agreements, particularly when the business utilizes a software-as-a-service solution. The panel will address how providers are more frequently including source code escrow in their form subscription agreements to appeal to prospective customers wary of business continuity risks. The panel will also advise attorneys for consumers in assessing the risk of onboarding a SaaS solution from the actual, practical transitioning of the application, data center, and hosting environment in the event of a release condition that may be more catastrophic than the downtime itself.
Outline
- Software escrow agreements
- Risk assessments for software developers
- Risk assessment for licensees
- Data retention and support documentation
- Data breach policies
- Allocation of payments
- Best practices
Benefits
The panel will review these and other relevant topics:
- How best can counsel drafting software escrow agreements allocate risks between developers and licensees?
- How can developers address lost business and release the source code in software escrow agreements?
- What should licensees do in the event of insolvency of the developer during the life of the software escrow agreement?
- What terms are needed to clarify data retention and the possible additional documentation that support a software escrow agreement?
Faculty
William S. Galkin, Esq.
Attorney
Galkin Law
Mr. Galkin is an information technology and internet lawyer who has dedicated his legal practice to representing... | Read More
Mr. Galkin is an information technology and internet lawyer who has dedicated his legal practice to representing internet, e-commerce, information technology and new media businesses across the U.S. and around the world. He serves as a trusted adviser to startup, emerging, established and multinational corporations on their core commercial transactions including corporate formation and transitions, intellectual property, technology and software development, licensing, transfer, and distribution, regulatory compliance, as well as agreements for online businesses, including, SaaS offerings, website terms of use, privacy policies, development agreements, affiliate agreements and sweepstakes/contest rules and compliance. Mr. Galkin’s broad experience gained during more than 20 years in practice allows him to provide cutting-edge, creative and efficient solutions to complex problems.
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Brandon Woods
Partner
Troutman Pepper
Mr. Woods’ practice includes counseling and representing public and private companies in the areas of information... | Read More
Mr. Woods’ practice includes counseling and representing public and private companies in the areas of information technology, commercial transactions, outsourcing, information security and privacy, software development and licensing, international mergers and acquisitions, and general corporate counseling. Prior to the practice of law, he worked for leading international companies in the software and technology related fields for more than twelve years. Mr. Woods’ experience in application development, software management, technology consulting, and project management has provided a strong technical background for his legal practice. While working in-house as a legal associate for an international software and service provider, Mr. Woods’ work focused on software vendor contracts, negotiation of software and service licensing, and filings under the Securities Acts of 1933 and 1934.
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