How Namaka Compliance Protected their Software with a Escrow Repository for Source Code

Sector: Utilities & Energy

Service: Software Escrow

The challenge

Problem

Escrow Repository for Source Code Needed

Namaka Compliance approached SES seeking an Escrow repository for source code for which they held the intellectual property rights. The platform is licensed to a Namaka customer but developed by an external third‑party provider, meaning any Escrow arrangement needed to accommodate and protect the interests of all three organisations.

What we did

Solution

An On-Premises Software Escrow Agreement

SES adapted one of its on-premises Escrow agreements, tailoring the clauses to formally include all three parties. The agreement clearly defined each organisation’s responsibilities, ensuring transparency and alignment around the delivery and ongoing maintenance of the Escrow protections. The structure allows for unlimited deposits each year, supported by Basic Validation Reports every six months, providing Namaka’s client with ongoing assurance that obligations are being met.

The result

Outcome

Source Code Accessible if the Escrow is Triggered

Namaka’s customer now has full confidence that the platform’s source code will be accessible if the Escrow is ever triggered. By formally including the third‑party developer in the agreement, source code can be deposited directly and as often as required, ensuring SES always holds the most up‑to‑date materials. This removes the administrative burden from Namaka while strengthening continuity for their client.

Service used: Software Escrow

Client testimonial

"SES implemented an effective solution to meet the requirements of three separate organisations."