This concerns the demonstration of evidence that the software produces the expected output and that the client may use the output in good faith without contravening any of his legal or contractual obligations.
Civil and contractual liability
LOGITAS escrow system allows a resolution of conflicts (user, insurer, authorities ...) through technical appraisal, thus limiting the costs and duration.
Civil and contractual liability
The aim of LOGITAS Deposits is to show indisputable evidence of the technical state of an IT property in case of involvement in a liability dispute. For example this may concern embedded train control or aeronautical softwares, industrial process control software, receipts and payments applications, financial front and back office systems ...
In case of a transportation accident crash, a service interruption causing significant additional costs, trading loss, an industrial accident, etc. it is clearly necessary to establish the cause. This cause may be due to:
- The IT property and so is the Owner's responsibility,
- Incorrect installation or use of the IT property and so is the End User's responsibility,
- Inattention or illegal human act and so is the responsibility of the person or people concerns,
- Any combination of the above.
An equally determining factor for the Owner may be to have previously added to the deposit all the existing test plans, validation procedures, test results, test bed description etc. in order to demonstrate evidence of a high level of professionalism in testing that is concordant with the potential risk, both in terms of validation completeness and depth. At the very least, it will be difficult to hold the Owner criminally responsible for any interruption or accident.
It is essential to swiftly and accurately determine the responsibilities in order to transmit a well documented request for fair compensation to the insurance companies.
Liabilities to Regulating Authorities
An IT property user may be subject to verifications of the output of the software by regulating authorities such as the SEC, Banking Commission, COB, IRS, FBI, etc.
When investigating an End User, a regulating authority is entitled to require delivery of the source code, procedures, functional and detailed specifications of the IT property which produces the verified outcome in question in order to ensure that the software in question respected the relevant rules and local laws.
Access to deposits may require some specific release provisions to be added to the LOGITAS Escrow Agreement. These provisions should mention what is to be released, how and when and at who's expense. This will help an End User to avoid an automatic penalty for non-presentation of requested evidence.
This is the reason LOGITAS requires Depositors to perform, on at least a yearly basis, an update and verification of the deposits as well as the accumulation of these updates to be able to deliver evidence of the state of the state of the required version of the IT Property.
