Escrow

Source Code Escrow Agreement

Foy Inc is one of the world’s oldest software companies, having been in business since 1978. And with a solid customer base of some of the world’s leading extrusion companies, we plan to be around for decades to come.

However, we recognize that some customers may want the added security of knowing they could receive the EPICS source code in unforeseen circumstances. Therefore, Foy Inc has contracted with an escrow services company to hold copies of the EPICS source code. EPICS licensees may choose to be named as a beneficiary to this contract. Beneficiaries are entitled to receive the EPICS source code in cases noted below.

Foy Inc has contracted with Escode, an industry-leading software escrow company providing secure third-party on-premises software source code and verified business continuity plans with our Software Escrow services. The pertinent section from their website reads: “Software Escrow is a simple and effective tri-party arrangement with mutually agreed terms between a software licensee, software vendor, and independent Software Escrow service provider. Under the terms of a Software Escrow Agreement, the software vendor periodically deposits a copy of the software source code and associated materials for secure storage with a Software Escrow service provider. The deposited material can then be accessed and released to the software licensee a if pre-determined release condition is met. Enabling the software licensee to maintain their business-critical software application, either in-house or with an alternative software vendor.”

A description of the Escode Escrow Service can be examined at escode.com.

The Deposit Material that Foy has filed with Escode consists of a library containing the EPICS source code, along with instructions on how to compile the code to generate the EPICS executable program. For each beneficiary, we have also filed a library containing the source for the custom code that generates the unique EPICSLICENSE.DLL. Both of these digital libraries are updated on a regular basis.

Beneficiaries will receive a letter from Escode confirming that an escrow is in place, and that they have been named as a beneficiary.