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Law360 (February 28, 2020, 3:22 PM EST) -- Source code escrow agreements have long been accepted by software providers in traditional on-premises software sales. But how often do we see on-premises software licenses today? An overwhelming number of vital business functions are now offered through cloud applications, including software-as-a-service solutions.

When it comes to SaaS, the customer is often at a greater risk of losing access to the solution than it would be with traditional software, and yet the traditional source code escrow model is not sufficient to mitigate that risk. As tech transactions practitioners who negotiate SaaS agreements on a near-daily basis, we are seeing, in real time,...

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Source Code Escrow Agreements Are Reaching For The Cloud - Law360