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End User Security: The LOGITAS Escrow system is sufficiently technically and contractually reliable to allow an End User or any concerned Authorized Third Party to approve the use of software under licence, even for the most strategic and sensitive applications, without requiring receipt of the relevant source code. Equally from the Depositor's perspective, the best way to protect the source code and design documentation and to avoid co-ownership disputes or shared responsibility litigation, is simply not to disclose the source code and documentation. Asset Protection: The aim is to create a body of evidence of ownership sufficiently complete and solid to constitute proof thereof. This is achieved by a build-up of successive versions, releases, and custom developments, performed in a consistent manner both within a single version as well as between successive versions. Only the genuine owner of an IT asset is able to build and display such a body of evidence over time. Such deposit will help him/her defend a "Prior Ownership claim" in case of Patent Breach litigation. (See below Patents and LOGITAS Deposit) Civil and contractual liability: If there is an accusation that the deposited software is the cause of damage or loss in the case of an accident, fraud or other event, whether that accusation is by an End User, a Third Party (integrator, OEM, insurance company, etc.) or an regulating authority (FDA, SEC, IRS, CNIL etc.), the Owner must be able to produce the corresponding deposited software in the state in which it was supplied and help any expert or End User discover the cause of the event or default, whether inherent in the software source code or because of incorrect use of the deliverable version, modification of a database table or index, etc. This process can reduce the probability of a long and costly court case, which is always disruptive to the Depositor's business and may in a worst case scenario even lead to bankruptcy Development Quality: In the context of responding to a Request for Proposal or when seeking investment, the LOGITAS Escrow System offers the potential Customer or Investor as well as any concerned Third Party the opportunity to verify the quality of the IT development, the internal processes, justification of the choices made for development and running environments, technical documentation and quality assurance process. For the Customer this verification will permit validation of the robustness of the IT asset and so reduce the risk of the investments he/she will make not alone in the asset but also in training, installation and integration and deployment of the asset. For the Investor this verification quantifies the risk associated with their investment. Marketing: Use of the LOGITAS Escrow System will improve the image of the Depositor's technical expertise, professionalism, and development and documentation process quality. In a competitive situation, the Depositor may ask LOGITAS to intervene with its prospects, clients or partners to bolster its offer. LOGITAS will not "sell" the Depositor or its products and services, but simply explain the LOGITAS Security process and Escrow System that the Depositor has adopted and the consequent advantages to the End User : durability, security, attendance at the verification, support for customer specific internal audit requirements related to security, regulating authorities, crash recovery plans, etc. Contractual support: When formulating the Escrow agreement, LOGITAS can also advise the Depositor and the End User/Authorized Third Party on the contents of the licence, ,maintenance, Escrow and "maintenance default" provisions. During our 15 years of hands-on experience we have often noticed misunderstandings between parties because of different knowledge sets, historical context or simply different naming conventions between the IT modules defined in the Licence agreement and the internal technical naming rules used for the relevant source code, project, deliverable version etc. This can lead to intricate and unenforceable provisions being written more to sound out the opposite party's intentions and good faith than to build a well balanced and lasting agreement. LOGITAS can offer specific Escrow provisions taking into account the objectives and concerns of all parties using a win-win approach. Developing an IT asset base and due diligence: The creation of accurate, organized and properly documented deposits provides an IT asset base with an actual physical worth by making its durability independent of the current development and maintenance team and legal structure. This concerns the share holders as well as venture capitalists, ownership transferee (due diligence) or rescuer, partners, etc. In other words, to remain maintainable and lasting an IT asset base's maintenance and development process must not depend on a particular person or team but must be easily transferable to any other team equally proficient in a similar development environment and if needs be in the same line of business.
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