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ARTICLE · 05 NOVEMBER 2013

A Practical Guide To Software License Agreements: Source Code Escrow Arrangements

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed software if specific events occur.

CanadaMedia, Telecoms, IT, Entertainment

Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed software if specific events occur. If a customer requires the self-help remedy that source code can provide, then the customer should request and properly administer an appropriate source code escrow arrangement.

OBJECT CODE AND SOURCE CODE

A computer program is usually written in a programming language (e.g. C++ or Java) that can be read, understood and modified by knowledgeable programmers. The resulting version of the computer program is known as "source code", and is converted ("compiled") into machine language format, known as "object code" or "machine code", which can be installed and run on a computer. Object code is not easily read or understood by programmers and is difficult to modify. Consequently, in most circumstances programmers must have access to a computer program's source code and related materials

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