TECHNOLOGY ESCROW 

Technology escrow is a tool designed to facilitate business transactions that require a neutral, third party to take custody of and potentially release certain technology, intellectual property or other proprietary information according to pre-negotiated technology escrow terms. Virtually any critical technology, formula, process or other intellectual property can be protected through a well-structured agreement via technology escrow. The technology escrow agreement includes of all the terms and conditions required for EscrowNow to take custody of, administer and potentially release intellectual property according to pre-negotiated terms. The developer or owner of the technology is protected by placing their technology or other intellectual property into a technology escrow as opposed to providing this proprietary information directly to the requesting party. The end-user or beneficiary is protected since they can receive the protected technology should certain, pre-negotiated release events occur under the technology escrow agreement. Technology escrow services can also be utilized to support a wide range of business transactions that may involve technology or other proprietary information. Some examples of transactions that can benefit from a technology escrow are:

Manufacturing agreements
Capital equipment purchases/ leases
ASP licenses/ service agreements
Intellectual property sale agreements
Outsourcing agreements
Fulfillment services agreements
Partnership/ joint venture agreements
Joint product development agreements
Reseller agreements
Merger & acquisition agreements
Technology warranty agreements

Technology Vendors may rely on a technology escrow to protect their intellectual property while meeting the requirements of their agreement with the beneficiary. Technology Beneficiaries or End-users use technology escrow services to alleviate risks associated with large purchases or business relationships that rely on specific technology that cannot be easily replaced. Attorneys recommend the use of technology escrow services to mitigate risks associated with the reliance on technology or intellectual property from an outside source. Without a technology escrow agreement, critical technology investments or business practices may be left unprotected. Please visit our sample technology escrow agreements page to view and download our contract templates.