INDUSTRIAL  ESCROW eDISCOVERY & CYBERFORENSICS DATA  ESCROW

SaaS

  INVESTOR  ESCROW

SOFTWARE  ESCROW 

ASP/ BPO  ESCROW



Validation - Verification
During this last step the Honor Declaration may still be modified to correct or improve it. The licensee or Authorized Third Party may attend the procedure if formally authorized to do so by the licensor.

The definitive Honor Declaration is then printed in duplicate and signed by the licensor engineer who prepared the deposit and by FGE who will add a handwritten comment "received in person on...". One copy is given to the licensor and the second one is attached to the Deposit.

The FGE technical consultant will ask the licensor, to list all the procedures performed, remarks, advice and an action plan to improve and verify the next deposit. The final audit report will include all these comments and be used to identify all the improvements done between two deposit verifications.

That`s it.  A furthermore verification, such as compilation of source, will only take place, if all of the parties agree to it. In most of the cases the licensor or licensee is in the best position to verify source code. However, sometimes they wish to delegate some of the responsibility to FGE, and can do so in the escrow agreement. FGE will then function as a witness of the procedures.

If FGE would insist on a furthermore verfication, done by its own personnel like other Escrow Agents do, that would mean that we are more competent than the licensor to decide the matter of completeness and authenticity and we would be more honest than the licensor who, for some unspecified reason, might swear a false Honor Declaration, whereas FGE would not.

These escrow agents are in most cases complete strangers to the software and can only hire specialised consultants to climb a steep learning curve, the massive cost of which will land on the shoulders of the client, and will most likely deliver a report full of reservations and qualifications, in other words, doubts might have grown but fallen.

Therefore, FGE think that it is sufficient to receive the signed Honor Declaration from the licensor, swearing that indeed the source code and the documentation are complete and authentic.

Under a single user agreement both the licensor and licensee can be present when the material is sealed into a box, and can verify its authenticity and completeness beforehand.

Under a multi user agreement the licensor alone puts source code under seal and certifies that it is authentic and complete. Any user may later call for an inspection to verify the contents of a box. FGE is not permitted to break the seal on any sealed box.

 

Finally, in a "Step Four", FGE produces the Deposit Certificate and sends it to the parties. It will include the list of performed verifications as well as the hardware and software configuration on which the verification has been performed (see link beside as a sample).

 

 

Documents and other products and information

Repositorium  Configuration- Management- Repository

Digital Timestamp Fingerprinting a file prove that your idea belongs to you

Contracts  contracts in German, English and French language

Verification
verification or validation of the deposit

Honor Declaration
a sample of an honor declaration 

Deposit Certificate
Prescribing a sample of a deposit certificate

References
List of clients

Sample Active Escrow Report  Files and development Statistics

Trust & Concerns Is source code released from escrow usable?

Related Websites 

 
Recommended Reading

Book: A Record

How does an escrow agreement meet its legal obligation in Germany...

Read more about software escrow.