An increasing number of companies depend on software systems that support the primary business processes. These systems are often custom developments. To provide the company with the opportunity to further develop the software in case the makers of the software go out of business, Escrow agreements can be made. The gist of it is that the sourcecode of the software is deposited with a Notary with just enough copyright to enable the client to continue development of the software.

To simplify this process Byelex Multimedia Products BV has created a Foundation that manages all sourcecode developed by Byelex. Now clients can claim sourcecode from Byelex if certain requirements are met.

The method of operation guarantees that the client always has access to the latest release and can be sure that in the event of a crisis, takeover or bankruptcy, the sourcecode is available to the client.

Notary’s office Dierckxsens Lijzen Van Grinsven in Kaatsheuvel has tested all contracts and founding conditions and is of the opinion that the construction via a Foundation provides a high degree of guarantee to the clients of Byelex.