Wednesday, April 4, 2007

Industrial Escrow


By the use of partially products, outsourcing, and use of special machinery a production processes can be very complex. In today's technology driven society companies are increasingly dependent of third party knowledge. Dependence implies risks.

If the risks are directly related to the core business processes it is crucial to minimize the company's exposure and that can be done through Escrow.
Is your core business process dependent of software, an industrial formula or other vital know how you do not have?

If so, Escrow Europe Industrial provides custom tailored solutions to have that vital information safe deposited in a way that does not harm the interests of the owner/supplier of the know how.

What's more, Escrow Europe Industrial offers its longstanding experience with specialized technical services to verify the accuracy and completeness of the deposited materials, more in specific in the area of source code escrow. Finally, Escrow Europe Industrial keeps the material up-to-date during the life cycle of the product if any changes are made to the materials.

Vice versa, if you are the owner or supplier of vital know how and your client rightfully requires that know how to be safeguarded and available for as long as he needs it, you can meet that requirement without exposing the confidential nature of the material and without limiting any of your proprietary rights.

Deposit of material with Escrow Europe implies the transfer by Supplier or Industrial designer of ownership of a medium containing the specifications, building schemes, technical documentation and/or source code of an Industrial Design, System Software, Product or Production Process.

Escrow Europe Industrial verifies the Material, holds it in deposit and under normal circumstances is not allowed to do anything with it. However, given certain circumstances occurring (article 5.1 of the Escrow Contract), Escrow Europe Industrial is entitled to release the Specifications of the Design, Product or Production Process to a Client under the provisions of an agreement.

In general Escrow Europe Industrial offers two types of agreements:

A. In case of deposit on behalf of one Client a three party agreement between the Supplier or Industrial Designer, Client and Escrow Europe Industrial.
B. In case of deposit on behalf of multiple Clients a two party agreement between the Supplier or Industrial Designer and Escrow Europe Industrial, a so called Escrow Frame Agreement

The terms and conditions of the two party agreement will be transferred into "General Terms of Escrow Supplier / Industrial Designer" which can be provided to interested Clients.

The advantage of an Escrow Frame Arrangement is that there is no need to make an escrow agreement with each and every new client: one escrow agreement is set up between Escrow Europe Industrial and Supplier or Industrial Designer, where under an unlimited number of Products on behalf of an unlimited number of Clients can be deposited.

Besides of the standard contract versions as mentioned under sub A en B Escrow Europe Industrial developed a library of special contracts for specific situations like:

- Hardware escrow - Investment escrow - Joint development escrow

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