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When acquiring software, or equipment that relies on software for its operation, a key issue for a licensee to consider is the protection they can obtain against the licensor being unable to provide them with the agreed levels of software support and maintenance.
In some cases, it is appropriate for a licensee to be able to access the source code and relevant materials for the software, under a software escrow arrangement.
This article outlines what a software escrow arrangement involves and the types of situations in which the release of source code and materials to the licensee from escrow may be appropriate.
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