The software may comprise millions of lines of code. The time taken by a programmer to become sufficiently familiar with the code in order to use it to maintain and develop the software may, in terms of cost for the licensee, outweigh the economies of simply acquiring a new package. Until recently New Zealand licensees have had problems identifying substantial parties able to offer an effective escrow facility. Several privately owned companies offer a service but they are either recently established or do not have the infrastructural substance which prudent system managers would wish to use. Others have been short lived.
Further complications can arise.
A licensor may be willing to have its code placed in escrow but only at an extremely high cost and on the terms of its own escrow agreement. Some of these forms of agreement are so onerous as to be unworkable in the real commercial world. There are usually at least three parties to an escrow agreement. Sometimes the maintenance provider, if a different entity to the licensor, is also joined. If the proposed escrow agent considers that the licensor's agreement leaves it exposed, the arrangement cannot progress.