While a licensee would still have the right to access an application source code kept in the trust service, a creator may not be inclined and, indeed, is rarely inclined to place their source code in the fiduciary service. Microsoft, for example, would not put the source code of its barre software into the fiduciary service and would enter into trust agreements with all of its millions of users. In addition, Microsoft does not want default users to be able to access its source code under any circumstances, because software is the lifeblood of the business. It is more likely that a creator will accept a treuhand when he has created custom software or if he receives significant royalties and maintenance costs from a licensee. In the course of a commercial transaction, it may happen at a time when it is in the best interest of one party to progress only if it knows with certainty that the other party can fulfill its obligations. This is where the use of a trust agreement comes in. If the intellectual property rights in the software have actually been transferred to the user of the software and the source code has been obtained, a fiduciary agent may provide more secure means of storing the source code than the user can provide himself. Escrow source code agents hold the source code of the software in the trust account, just as other trust companies hold cash. Normally, you do not own or have any rights in the software (including source code) you access, in accordance with the terms of a saaS or desktop software agreement. This is done to create legal proprietary rights, with Escrow`s independent agents confirming ownership, content and the date of production of the information. As the name suggests, customer agreements with multiple licensees are designed to work if there are multiple licensees of the same software, for example. B in distribution agreements or DSPs. The owner or distributor of the software deposits the source code in trust under an agreement with the NCC.
The lessee becomes a party to this Agreement and benefits from it by signing a Confirmatory Agreement. It is followed by a discussion by the CNCC on the typical types of agreements. If the trust agent is authorized by a government authority [where?], much higher legal standards may apply. Trust agreements must fully define the terms between all parties involved.