This section is primarily for those clients who have a customised software solution built by Golden Micro Solutions from scratch. It does not apply to the situation where Golden Micro provides maintenance programming services for systems written by another programmer.
In general terms (and subject to the full contract agreement between GMS and you), Golden Micro Solutions retains all copyright on software we develop. The primary reason for this is to ensure that our substantial body of programming know how and techniques are not freely distributable, to the point where our competitors can access and use them.
When we provide you with a database application, it is a 'compiled' program. This is to say it has been converted from the English-like programming language (i.e. 'source code') we use to write the software, into the lower level 'machine language' that the computer can understand and run. Modifications cannot be made to compiled applications&emdash;the compilation is a one way process. Thus when changes need to be made to the software, they are made to the original uncompiled source code, which is then compiled again.
You need to consider the issue of who holds the original source code. Only under exceptional circumstances will Golden Micro Solutions supply the original source code in a form that can be reused (for example, where we provides maintenance programming services based on source code provided by our client). When distributing software updates, we will provide the source code in an encrypted format&emdash;the password to enable you to decrypt the software (should that ever be necessary) is held in a fireproof safe in our office.
This means that at any time, you have a copy of the source code, and at our discretion, we will provide you with the code to unlock the original source code of the latest version of your software. Thus should it be mutually acceptable to both you and Golden Micro Solutions, you can provide another 4th Dimension programmer with the source code in order to have modifications made to the software.
However, this does not necessarily cover you for the situation where Golden Micro refuses to provide you with source code, or for whatever reason is unable to do so (e.g. cessation of business). In this case you can find that your software becomes an 'orphan'&emdash;unsupportable and unusable. In this case your only option is to continue to use the software in it's current state, or to have another customised solution written by someone else.
Should this issue concern you, Golden Micro Solutions is happy to organise an 'escrow' arrangement on your behalf. This means that as updates are made to your software, a copy of the original source code (and associated documentation) is transferred to an independent third party (the 'escrow agent'). The transfer is completed under a contract (the 'escrow agreement') between GMS, you, and the escrow agent. If GMS fails to maintain the software for any reason, the source code is released to you by the escrow agent, provided the appropriate conditions of the escrow agreement are met.
Golden Micro Solutions internal code of ethics dictates that we will always endeavour to ensure that software developed by us, does not become 'orphaned'. If for whatever reason, we are unable to maintain a system we have written, we will do whatever necessary to ensure that you, our client, are provided with a completed and current copy of the source code, to ensure that you can continue to use and have the software modified. However, this does not alter the fact that there could be any number of reasons why we are in a position where we are physically unable to release the source code to you. If you wish to have complete protection (i.e. insurance) against this happening, the most secure way you can prevent it is by means of an escrow arrangement.
You need to be aware that escrow agreements are essentially another form of insurance, and as such, the escrow agents generally charge for the service on an annual basis. Recent investigations have shown that this cost can be in the order of $1500 per year, however we are currently investigating, alternative, and more attractively priced services.
If you want more details of the escrow services we can recommend, please feel free to contact us.
Escrow Agreements