Installed Optimizely software is the product line that was sold as Episerver CMS and Episerver Commerce before the company moved most of its business to cloud subscriptions. Customers run it on their own servers or cloud instances and keep it entitled with Maintenance and Support or a subscription licence. The terms are in the Optimizely End User License Agreement (EULA, last published 2023-10-13) and in the Episerver licence-type terms (version 2020-01-08), which still sit on Optimizely’s legal pages.[1][2]
The EULA defines Optimizely as Optimizely AB (formerly Episerver AB), Optimizely North America, Inc. (formerly Episerver Inc.), or Episerver GmbH. It says that software is licensed, not sold, and that the licensee may also have a separate written agreement such as a Master License Agreement that supplements or supersedes parts of it.[1] The legacy licence-type terms say that if they conflict with the EULA, the EULA prevails.[2]
Editions
The EULA names these licence types.[1]
| Licence type | What it allows | Limits |
|---|---|---|
| DXP Subscription Licence | Install and use the software on the number of Servers or Instances for the number of Sites purchased | By Entitlement |
| Development Licence | Non-production, non-commercial use on non-public developer machines for a single named user | Free; at most one year; provided as-is |
| Demonstration Licence | Non-production, non-commercial demonstration use | Free; at most thirty days; provided as-is |
| Intranet Licence | Servers or Instances and Sites purchased, for internal use only by the licensee’s personnel | Not for any public-facing Site, Server or Instance |
| Find Virtual Appliance/RAW Licence | By index and Virtual Server | No hosted index for third parties; Optimizely must have remote administrative access at all times |
| Add-Ons, Modules, Connectors and Packages | Server or Instance and Site as purchased | Only in combination with a Product; may require third-party terms |
The catalog groups these as Optimizely CMS (installed licence) and Optimizely Search & Navigation. “Products” in the EULA means Optimizely CMS or Customized Commerce licence editions (for example Social Commerce), Search & Navigation and supplemental products.[1] The licence-type terms add that Software includes CMS, Commerce, Relate and any other Episerver platform component, module, connector, package or bundle, excluding open source software.[2]
Development and Demonstration licences are described again in the licence-type terms, which say that Demonstration licences are limited to thirty days and Development licences to one calendar year, can be further limited or extended at Episerver’s discretion, and may not be installed on any externally or publicly accessible site or server or be distributed to a third party.[2] Developers receive no support, warranty or documentation under a Development licence.[2] See Development and Demonstration licences and Intranet licence.
Metrics
Server. A Server is a Physical Server or a Virtual Server, treated equally for licensing, and must provide a MAC or IP address to which the licence is bound.[1] A hardware partition or blade is considered a separate physical system, so one such system is one Server.[2] See Server (Physical or Virtual).
Site. A Site is a unique collection of content associated with one or more domain names using the same start page under the Optimizely root node, found in CMS under Admin, Config, Manage Websites; each Website listed is one Site.[1] The licence-type terms give examples. Localised sites such as www.mysite.com and www.mysite.se that use the same start page and content constitute one Site; redirected entry points are one Site; and a responsive mobile site, or an m. site using the same start page and content and differing only by renderer, is one Site. Any other configuration not covered is a different Site and affects the licences to buy.[2] The current Usage Metrics use the same definition for Website.[5] See Website (Site).
Instance. An Instance is a single web application with a single database running on a Virtual Server, not bound to a MAC or IP address, primarily intended for cloud hosting, and able to persistently contact the Optimizely licence service.[1] Documentation presents cloud licences as floating licences counted by running instances.[4] See Instance (cloud licence).
Bundles. A Software Bundle groups individual licences for marketing purposes under one SKU. The licence-type terms give the example of the Episerver Social Commerce bundle, which bundles five Site licences and three Server licences and so allows up to five Sites on three Servers. Bundles can change in name and content at Episerver’s sole discretion, and the invoice defines what a bundle includes.[2]
Counting / floors
Quantities are those on the Entitlement, which the EULA defines as the collective documents, including digital agreements, exhibits, addenda, schedules and invoices, that evidence the licensee’s obligations.[1] For production licences, the licensee may use a maximum number of copies corresponding to the licences purchased, and the Site limit is specified on the invoice.[2]
Activation. Activation of installed software is mandatory. It may need to be repeated after changes to computer hardware or to Sites or Servers, and activation sends standard internet protocol information, a product ID and an installation ID based on a hardware hash generated from the Server.[2] The EULA adds a built-in service channel used for licence key activation, installation, verification and updates that transmits licence key information, software version, hostname, host IP or MAC address and machine name; failing to allow it to operate correctly impedes use of the software.[1] For network design this means firewalled environments need an allow rule to the licensing service, which for cloud licences in version 12.5 and later is cloud-api2.episerver.com on port 443.[4]
Redirects. The EULA prohibits using products in solutions that use an internal redirect (automatic server-side or client-side re-routing of traffic) to circumvent Optimizely licence restriction software, code, processes or methods.[1]
Virtualization & partitioning
Virtual and physical Servers are licensed alike. A virtual operating system environment used to run hardware virtualization software, or to provide hardware virtualization services, is considered equal to one physical operating system environment, so one Virtual Server counts the same as one physical Server.[2] Hosts running hypervisor clusters therefore need a count of the operating system environments that run the software, not of the physical hosts they can move between, and licences bound to a MAC or IP address need review when machines move.
Cloud deployments use Instances. Instance counting is connected to the Azure server name; web apps and deployment slots share the same instances; and a licence used in several Azure App Service Plans must support the combined number of instances. The documentation notes that the licence counts instances running at a time, and that exceeding the licence during a scale-up or upgrade shows an information notice in edit view while the front end continues to work.[4] If a production database is restored onto a developer environment, reactivating the licence manually resolves a no-active-licence notice.[4]
Cloud / BYOL
Installed software can run on customer-managed Azure, AWS or other infrastructure when the licence type is instance-bound.[4] Hosting by Optimizely is a separate service and is covered by the DXP articles.
Programs
Maintenance and Support (M&S). M&S is an annual paid service for customers who have licensed Optimizely software, covering perpetual licences, subscription licences and term-use licences. Maintenance is access to the latest software updates for the licensed product, and Support is application support. Starting with version 7.5, the platform is installed and updated through NuGet.[3] For subscription licences, M&S is included in the subscription fees. For on-premises licences, M&S must be contracted and paid from the Effective Date through the Initial Agreement Term, then renews automatically each Contract Year, invoiced annually in advance.[3] Notice to terminate for convenience is six months before the end of the Initial Agreement Term and three months before the end of a Renewal Term, and the customer remains responsible for the outstanding fees of the term.[3] If M&S is cancelled or unpaid, update and upgrade privileges cease immediately; updates are product-specific, so an entitlement for one product does not cover another, such as the Commerce licence.[3] The EULA itself provides no maintenance, support, upgrades or updates.[1] See Maintenance and Support (installed software).
Minimum requirements for support are that the licence is owned by the contact’s organization, a current M&S contract is in place, a primary technical contact is appointed, and that contact has completed developer training by Optimizely or its agents.[3] Standard application support hours are 8:00 to 17:00 on business days in the relevant region, with 24/7/365 coverage for priority-one tickets available as an upgrade called Enterprise Support.[3]
Episerver Software Subscription. Under the licence-type terms, the first calendar year after purchase includes access to product updates. Beyond that, the Software Subscription renews automatically for twelve months at an annual fee in the pricing terms unless notice of non-renewal is given at least ninety days before the term ends. Fees may rise by the Swedish consumer price index with notice and an opportunity to terminate.[2] See Episerver Software Subscription.
Audits and compliance
The licence-type terms contain the only audit clause in the Optimizely documents reviewed. The licensee must create and maintain records of use during the licence term and for one year afterwards, including each installation of software, distribution of credentials and usage of Episerver services, and provide them promptly on request to verify compliance. If the licensee’s records and Episerver’s records are inconsistent, Episerver’s records are deemed accurate unless definitively proven incorrect. If the licensee fails to create, maintain or deliver records, or there is a dispute about their accuracy, Episerver may audit use, for example by reviewing server or device log files, at any location where the software is or has been installed.[2]
A practical consequence is that the burden of proof sits with the licensee. Installed estates should keep an installation register by Server or Instance and Site, activation records, a record of Development and Demonstration copies that were retired, and the Bundle composition from each invoice. On termination the EULA requires the licensee to delete all copies and, on request, certify destruction.[1]
Out of scope
This article does not cover Optimizely’s cloud subscription terms, which are in the subscription agreement article, hosted DXP, Experimentation or the Data Platform. It does not interpret legacy Master License Agreements that individual customers may hold, and no price information is public.