Use this template to create an agreement for the escrow of source code for the United Kingdom, pursuant to certain software licenses and maintenance agreements between the owner of the software (licensor) and a licensee who requires uninterrupted availability of the source code as an essential element of its business. Key provisions of the agreement include:

• The licensor will deposit the source code, documentation and related materials with the escrow agent following development, and upgrades within a set time period after modifications are made.
  
• If fees due to the escrow agent are not paid, the agent has the right to terminate the agreement and destroy the escrowed materials.
  
• The escrow agent will hold the materials in escrow until such time as it is instructed to release them in accordance with the agreement.
  
• The escrow agent incurs no liability under the agreement except for wilful misconduct or gross negligence.
  
• The agreement includes a deposit form to be used by the licensor each time materials are deposited into escrow.

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