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The right to delivery up of intellectual property rights

March 13, 2015

Original news  FilmFlex Movies Ltd v Piksel Ltd [2015] EWHC 426 (Ch), [2015] All ER (D) 281 (Feb)  The claimant company provided video-on-demand movie streaming services. The defendant company was a video broadband software designer and developer and a managed services provider. The claimant applied for an order for the delivery up of source code and related documentation, which was...

written by David Clee

When Security Firms Get It Wrong

February 2, 2015

Users of security software are generally pretty trusting of the software tasked with protecting them from everything nasty on the internet, the software appears to sit there neatly in the corner, update itself and protect as it should. But what happens when the security companies get it wrong? What if they underestimate the danger of a new threat or simply...

written by David Clee

How would your business recover from technology meltdown?

January 22, 2015

One of the biggest fears of any IT manager is total tech meltdown; even partial failure is likely to have a massive impact on business. So why do so many businesses still struggle to recover when technology fails – 78% of businesses that suffer significant data loss are out of business within 6 months. Most businesses fail to recover adequately...

written by David Clee

Can You Make Money By Developing Free Software?

December 12, 2014

Free software has recently peaked in popularity, taking on several different guises, from free apps and community led open source software to large well resourced software companies opening up software to the general public for use and development. The free software community has been recognised as a significant movement and a big part of the software industry. But can individual...

written by David Clee

The risk technology poses to businesses that rely on technology

November 24, 2014

It’s essentially a double-edged sword. Technology is imperative for a large majority of businesses. In fact, one could justifiably argue that a business without any form of technology would struggle to sustain itself long-term. However, at any time, without warning, technology can turn from a necessity into a nightmare. The technology industry is moving at one hundred miles a minute....

written by David Clee

New rechargeable solar battery has the potential to revolutionise the solar market

October 6, 2014

A group of Ohio State University scientists led by Professor Yiying Wu could have just re-revolutionised the solar market with a new development on existing technology. The new development is actually a redevelopment of the existing solar cell. Wu and his team have managed to ‘double up’ the cell with a working rechargeable battery. This allows users to take full...

written by David Clee

Total Escrow Solutions PLC Opens New Branch In UAE

September 19, 2014

A leading software escrow solutions agent is spreading its wings to international territory, recently throwing open its doors at a brand new branch in the global business hub of Dubai. The Dubai Airport branch joins Total Escrow Solutions PLC’s existing UK offices in London and Manchester. With an increasing number of multinational companies basing themselves in the UAE, Total Escrow...

written by David Clee

4 Common Questions Businesses Ask About Software Escrow

August 27, 2014

If your business uses tailor made software to run some of its processes, then you will have heard about software escrow agreements at some point. If you are concerned about business continuity and how best to manage your disaster recovery strategy, then entering into an agreement that protects your software provision is vital. And it’s a good idea to get...

written by David Clee

5 Things to Look for in a Software Escrow Provider

August 22, 2014

Maintaining business continuity in the event of some disaster lies at the heart of any software development company. Whilst we all work to keep our part of the internet world safe, with the prevalence of greater technological developments it is now, more than ever, vital to protect what you have. Most software providers don’t just offer a one off installation,...

written by David Clee

Software Escrow and Your Business

August 11, 2014

A large number of businesses now rely on being connected to the internet, whether it’s having a website up and running, or using innovations like the cloud to communicate with each other. Many also use complex software, from a variety of sources, without really considering what happens when their vendor suffers downtime or a significant issue that requires disaster recovery....

written by David Clee

Escrow for Cloud and SaaS Services

June 19, 2014

Last year, I blogged about the fallout from data centre provider 2e2 going into administration. The incident highlighted some of the key risks that can arise out of the use of third party cloud/hosted services, such as infrastructure as a service (SaaS) or software as a service (SaaS). In short, 2e2?s financial position was so poor that the administrators were...

written by David Clee

How to Protect Yourself With Software Escrow

June 17, 2014

Hiring a company to write software tailored to your requirements can result in a wonderful bespoke solution to your problems. It can also expose you to a significant degree of risk, if things were to go wrong. Software escrow eliminates the risk factor in many ways with the most prominent being the provision of disaster recovery, which should be selected...

written by David Clee

What is Software Escrow: The Basics

June 13, 2014

All right, you are getting someone to write software for you. This scenario could have two outcomes: either you get a fantastic custom solution to your problem, or turn into a nightmare, should things go wrong. In order to avoid Scenario nr.2, software escrow comes in and protects you in certain project types, in case something goes unexpected. Truth is...

written by David Clee

Source Code Escrow – A “Win Win” Solution

May 21, 2014

Most users of software (either “custom developed” or “off the shelf”) only receive the “object code” version of that software from the software developer and not the underlying “source code”. “Source Code” versus “Object Code” A software’s “source code” is the high level computer language in which the software is written. The source code describes in great detail the logic...

written by David Clee

Escrow Verification, do i need it?

February 26, 2014

With source code escrow (SCE), a developer gives assurance to its licensee that business-critical software will be maintained by the developer or, if necessary by the licensee, using the source code and related materials the developer deposits (the Deposit Materials) with Total Escrow Solutions. (We make the Deposit available upon a developer’s written instructions.) Because it is one of their...

written by David Clee

How can Escrow can help with SaaS/Cloud problems?

February 8, 2014

SaaS subscribers may be unaware that they are in the path of the perfect storm. Today’s massive economic crisis has collided with the allure of new software delivery models, putting many businesses at risk. Delivery models like cloud computing and Software as a Service (SaaS) are here to stay. In fact, Gartner says the SaaS market is expected to more...

written by David Clee

Software Escrow and SaaS/Cloud Solutions, are they right for my business?

January 5, 2014

SaaS applications are becoming more and more common. With a SaaS solution, the software supplier hosts the software and stores client’s data on its web servers or leased servers. The requirement for a technology escrow agreement is important because the source code, object code and access to the client data are controlled by the software supplier. Forrester Research announced an...

written by David Clee

The State Of Enterprise Software In 2013

November 28, 2013

Writing about enterprise software in late 2013 is a difficult task. It’s difficult for a variety of reasons. First and possibly most importantly is what constitutes enterprise software has never been more vague.   In the simplest terms, enterprise software is any software application used in a business regardless of size. But for many, it’s a term that represents the applications used...

written by David Clee

Software Escrow is like insurance, you only need it when you need it.

June 11, 2013

Software Escrow is like insurance. You only need it when you need it. You can’t have it when it’s too late, it’s something you need to plan for and arrange in advance for the eventuality of when or if you need it. If your business is reliant upon a specialist computer programme, application or system then you need an escrow...

written by Tim Collins

What is software escrow?

April 23, 2013

A software escrow agreement is a form of protection for both creators and users of valuable software applications and rather like insurance or RAC membership,’ you don’t need it until you need it’, and on that basis it is better to have it and not need it, than to need it and not have it. The modern world needs software,...

written by David Clee

You never need software escrow until you need it.

March 13, 2013

Why is it that an insurance policy for ANYTHING in life, be it for your home, car, travel, pets etc is only ever truly valued when you really need it?  Until then it is often perceived and treated simply as a drain on our finances and a burden. This is especially true with Software Escrow and is something that we...

written by David Clee

Risk management

March 6, 2013

The way that companies manage risk is forever changing and there is never a sure fire way to understand the complex and often opaque management of companies that supply critical services to clients. 2e2 is a prime example of a company that grew at a fantastic rate and was forever on the hunt for M&A opportunities to support its long-term...

written by David Clee

Fifth of all IT services firms could disappear by 2014, says Gartner

February 26, 2013

This is an article from Computer Weekly.com written by Karl Flinders that i think is very important. Up to 20 of the world’s top 100 IT service providers could disappear by the end of 2014. Gartner predicted these suppliers could fold as a result of the tough economic backdrop, the inability of traditional infrastructure outsourcing (IO) models to deliver continuous...

written by David Clee

Cloud and SaaS Escrow agreements

February 22, 2013

There are many uses for software escrow agreement when organisations license server based applications from software authors on traditional licensing models. These escrow agreements protect the user in the event of supplier failure by providing a copy of the source code that enables the user to support and maintain the solution. The SaaS model of application delivery does not change...

written by David Clee

The different types of escrow services.

February 18, 2013

Escrow is an ancient legal term referring to a deed, which only becomes effective upon the occurrence of a future event. There are many different types of escrow agreement available worldwide but I am going to focus on the services that are offered in the world of technology escrow. Technology escrow protects the rights of a user to continue using...

written by David Clee

How do I set up an escrow agreement and what should I expect as standard?

February 12, 2013

The requirement for an escrow agreement should be established as part of the contractual phase of the software development project. Where such agreements were not specified in the original contract a corrective action should be undertaken to ensure that such agreements are retrospectively established to protect users rights to continued use of a supplied application. The software escrow set up...

written by David Clee

Guide to the terms we use when setting up software escrow agreements.

February 11, 2013

Escrow is an ancient legal term referring to a deed, which only becomes effective upon the occurrence of a future event. This term has been applied to the deposit of source code by the software owner with an independent third-party, known as the ‘escrow agent’. The escrow agent holds the source code according to the terms and conditions set out...

written by David Clee

What should I include in my escrow deposit?

February 7, 2013

When creating software escrow agreement we are often asked, “what should be included in the deposit?” This is a very good question and one that causes a great many people much concern. The simple answer is to include everything that the software developer requires to maintain and develop the application. In reality it is not that simple; should COTS be...

written by David Clee

The Cloud – Risk?

February 1, 2013

There are many companies that can benefit greatly by moving their business to a SaaS model and a visit to the Cloud Expo at the London Olympia this week would give any perspective IT Director much food for thought. The increase in adoption of cloud based services across all sectors and the number of SME tech companies providing innovative solutions...

written by David Clee

Software System Continuity in the Cloud – What if your cloud supplier failed?

January 28, 2013

The most obvious disaster that could befall a business in the cloud is that its provider ceases to exist, whether due to a catastrophic business failure, company liquidation or administration, a material breach of a contract or one of many M&A scenarios. If your cloud provider is a privately owned company or is located abroad, the risks associated with business...

written by David Clee

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