This is the easiest to achieve by getting a copy of the current source code. However, the licensor will often not be willing to give their consent, as the source code is usually one of its most strictly guarded trade secrets.  You can use your NDA to explicitly state how the source code may or may not be stored by the other party. During the course of this agreement, “Software” is defined as any source code, object code, link libraries, help programs, project files, and scripts related to the above software. PandaTip: This section of the Source Code Agreement Layout discusses the Copyright Notice, Liability for Dispute Resolution, and Amendment to the Agreement. Licensee agrees to display a copyright notice in all final versions of the software containing the source code distributed to third parties. The escrow agent`s service – usually a company dedicated to this purpose and independent of one of the parties – consists mainly of keeping the source code by the licensor and releasing it to the licensee only if the conditions set out in the trust agreement are met.  Whether a source code trust agreement will be entered into and who will bear the costs is subject to the agreement between the licensor and the licensee. . . .