LOGITAS® system turns the constraint of a source code escrow into an opportunity by building and validating escrow deposits that bring added value on many strategic issues: IP Protection, know-haw continuity, reassure customers, partners, investors ...
Software Publisher overview
If you are a software publisher and you want to:
- Protect your Intellectual Property
- Provide business continuity garantees
- Respond to the default provisions required by your customers or partners
Issues
The initial aim for a first software deposit is usually to answer maintenance default provision required by End users. LOGITAS Inc. will help you to build software deposits which, above that basic requirement, will generate value at any stage of your software life:
- End users protection/Default provisions: provide a unique Software Escrow System reliable enough on a technical and contractual basis to be agreed to by all End Users without Source code transfer,
- IT patrimony protection: build an efficient body of evidence of ownership to protect the software owner, on a Copyright mode, in any case of litigation about the deposited software... read more
- Civil and contractual liability: provide a technical and unbiased basis for any debate about a litigation with an End User, Insurance Company, Regulatory Authority ... read more
- Asset Value: show actual evidence of an existing IT asset to support the investment value when raising funds ... read more
- Due Diligence: create an unbiased and technical basis of the state of the software for any asset transfer aimed at shortening guarantee of liabilities (level and duration),
- Durability: validate the up-to-date building procedures that would enable the installation of the entire software fabrication chain from the development to the deployment platforms, and this, without the original developers... read more
Contractual organisation
As the Escrow Agreement is signed between the Depositor and LOGITAS for one software as a whole (including all versions and end users specific developments) it is of no use to escrow any end user specific version and thus to pay for each beneficiary. If required End Users may assert their right by submitting to LOGITAS their relevant license/maintenance agreement guaranteeing them the access to the source code release procedure (escrow provision). Current and future Deposit requirement are dealt at once with a sole software deposit preventing from source code dissemination.
The LOGITAS® Escrow Agreement clearly defines trigger events and source code release procedure to let no room to misinterpretation.
- Who: Any natural or legal person having signed with the Depositor a right of use agreement about the deposited software is a de factoBeneficiary of the Escrow Agreement and, as such, is granted a right of access to the Deposited material,
- When: The trigger event for the release of the deposited material is the temporary or permanent maintenance default of the Depositor,
- How: the release procedure is fully described with the intervention time and actions for each step.
You may offer your End Users special provisions about the access and use of the deposited material within the frame of your License or Maintenance agreement. LOGITAS will execute them by priority to the Escrow Agreement.
Financial Terms
LOGITAS financial conditions are published here and based on an annual flat package fee including a yearly intervention on the development location that validates the deposited material.
Conservation
LOGITAS® deposits are made in double and vaulted at two different location satisfying security and storage standards consistent with the state of the art, in Canada and\or France, out of the Patriot Act's jurisdiction. You remain free in choosing your business partners.
Deposit procedure
The deposit procedure includes the 4 following steps:
- Initialization: A LOGITAS agent comes to your development location to meet the development/building team, reviews the software development/building environment and builds in accordance with your team the deposit preparation, validation process and agenda,
- Preparation: The development/building team prepares the required deposited material and rehearses the validation process prior to the return of LOGITAS,
- Deposit: The LOGITAS agent returns to validate and receive the material to be deposited,
- Deposit certificate: LOGITAS generates and send the Deposit Certificate to the Depositor.
At the anniversary date of the contract, LOGITAS will contact you to organize the deposit update.
