[justincormack]

Escrow clauses are perfectly normal for commercial software and services, for enterprise contracts.

It probably needs to be a contract, as the liquidators might ignore it if it is just a statement, depending what happens to the company.

[protomyth]

Escrow clauses also get rid of the incentive not to use the product since it will be open sourced anyway. The code only goes to those who paid for it.