Progress Software licensing is the set of terms under which Progress Software Corporation sells its application development, data, infrastructure management, file transfer and digital experience software. Progress publishes a separate licence agreement for each product family, including OpenEdge, the Telerik and Kendo UI developer tools, DataDirect, MOVEit and WS_FTP, Sitefinity, WhatsUp Gold, Flowmon, Chef and ShareFile.[1] Most of these agreements share one template. Section 1 holds general terms that apply to every product, section 2 holds terms for on-premises products or hosted services, and sections 3 and 4 hold the product-family and product-specific terms, including the licence grant and the metrics.[2] When the sections conflict, product-specific terms win over family terms, which win over the general terms.[2]
The template states that “The Product is licensed, not sold” under the EULA and the Order, and that the scope of the licence is set out in sections 3 and 4.[2] For a software asset manager this means the general clauses (licence types, maintenance, audit, assignment) read the same across families, while the metric and the counting rules must be taken from the family-specific part.
Editions
Progress product families use different metrics. The table summarises them; the deeper articles cover each family.
| Product family | Default licence type | Main metric | Deeper article |
|---|---|---|---|
| OpenEdge (RDBMS, Application Server, add-ons) | Perpetual[2] | Core, Named User, Registered Device, Concurrent Device, Instance, Site | OpenEdge licensing |
| Telerik UI, Kendo UI, Reporting, JustMock, Test Studio | Perpetual or subscription, per the Order[3] | Licensed Developer seat; CAL User for Report Server; machine for Test Studio | Telerik and Kendo UI licensing |
| Chef (Infra, InSpec, Habitat, Desktop, Chef 360) | Subscription[4] | Node, Target, Service Instance, Endpoint | Chef licensing |
| MOVEit Transfer, MOVEit Automation, WS_FTP | Perpetual[5] | Server; computing device for client products | MOVEit, WhatsUp Gold and Sitefinity licensing |
| MOVEit Cloud | Subscription[12] | Credentials, storage, bandwidth | same |
| WhatsUp Gold | Subscription[6] | Devices or points | same |
| Sitefinity | Perpetual, except subscription add-ons[7] | Production Domain, concurrent CMS User, 8-core Server | same |
| ShareFile and Podio | Subscription[8] | Employee User Unit | this article |
| DataDirect and Corticon | Perpetual[11] | Same models as OpenEdge (CPU, Core, Named User, Server, Site) | this article |
Metrics
The metrics are defined in each family EULA and do not carry across families. A “Server” is a good example. Under the OpenEdge EULA it is a logical computer, physical or virtual, and a container counts as a separate Server.[2] Under the MOVEit / WS_FTP EULA it is “one physical server that is not running virtualization software, or one virtual server instance”.[5] Under the Sitefinity EULA it is a physical server, virtual server or cloud instance with at most eight CPU cores.[7]
The catalog holds the main units:
Counting / floors
Licence types. The template defines three licence types. A perpetual licence “will continue in perpetuity unless earlier terminated”, a term licence runs to the end of the term in the Order, and a subscription licence runs to the end of the subscription period.[2] The type is confirmed in the Order or is the family default. A subscription can be upgraded during its term, and the upgrade takes effect immediately, but “You may not downgrade a subscription to the Product.”[2]
Renewal behaviour differs by family. OpenEdge subscriptions do not renew automatically, and each renewal is priced at the then-current price.[2] MOVEit term and subscription licences and Sitefinity subscriptions also do not renew unless a renewal is bought.[5][7] Telerik subscriptions, in contrast, “will automatically renew for successive Subscription Terms at the then-current Subscription License fees”.[3]
Floors. Few Progress agreements set minimum quantities, but several fix the quantity for the term. Chef licence units “cannot be decreased during the relevant License Term”.[4] ShareFile Units can be reduced only at renewal, after the customer has removed users and data to fit the lower quantity, and multi-year ShareFile subscriptions are non-cancellable for the full term.[8]
Virtualization & partitioning
There is no single Progress virtualization policy. Each family states its own rule:
- OpenEdge counts Cores “as allocated by you”, in virtualized and non-virtualized environments, and a container is a separate Server.[2]
- MOVEit counts each virtual server instance as a Server, and a physical host running virtualization software is not itself a Server.[5]
- Chef treats a virtual machine with a unique IP address as “a separate Node from the physical machine on which they reside”.[4]
- WhatsUp Gold allows one copy per hardware device or virtual environment per licence; where several users share computer resources, each running instance is one computing device.[6]
Most families count disaster recovery, test and development systems. OpenEdge Core, CPU and Server licences are needed for servers “configured for disaster recovery, load balancing, clustering, development, testing and reporting”, and MOVEit licences cover production, non-production, failover, disaster recovery and high availability Servers.[2][5]
Cloud / BYOL
The template allows customers to run on-premises products on a third-party cloud instance, “provided that the operation of the On-Premise Product(s) in the cloud instance complies with all license model restrictions and usage limitations”. The cloud provider is treated as a Permitted Third Party, for whom the customer is responsible.[2] Hosted services such as MOVEit Cloud, WhatsUp Gold 360, Chef hosted services and ShareFile are sold as subscriptions under the hosted-services sections of their agreements.[12][6]
Programs
- Perpetual licence with mandatory first-year maintenance. For perpetual and term licences, first-year maintenance and support “is required for the Product and starts on the date the Product is delivered”, unless the Order says otherwise. Later years are optional. Without renewal there are no fixes, upgrades, new releases or technical support. Lapsed maintenance can be reinstated, where Progress offers it, by paying the current fee “plus a reinstatement fee for the lapsed maintenance and support period”.[2]
- Renewal price cap. Renewal maintenance is priced from the previous annual rate plus an increase “calculated at the lesser of any standard price increase or CPI (or equivalent index)”, unless the Order or product terms say otherwise.[2]
- Subscription licence. Maintenance and support are included in subscription fees, and each renewal subscription is priced at the then-current price.[2]
- Evaluation or trial licence. Evaluation copies may not be used in production, the period may not be extended by reinstalling, and continued use after expiry must be paid at the then-applicable price.[2]
Public list prices exist for some lines. DevCraft subscriptions were listed at USD 1,149 to 1,649 per developer per year, and WhatsUp Gold subscriptions from USD 1,229 for 50 devices per year, on the retrieval date.[9][10]
Audits and compliance
The audit clause is the same across the template-based agreements. Progress may install licence tracking and enforcement tools, “which you may not disrupt or alter”. The customer must keep records that include “the number of licenses purchased and being used”. Progress, or a third party it appoints, may audit those records and the systems where the product is installed, on site or remotely, at its own expense and after reasonable written notice.[2] Records and product log files must be supplied within five business days of a written request. Underpaid fees are invoiced “based on our list price in effect at the time the audit is completed”, and if the shortfall exceeds 5% of fees paid, the customer also pays Progress’s reasonable audit and enforcement costs.[2]
Some families add their own checks. On the expiry of a Telerik subscription or a Chef licence, the customer must run a Progress audit tool and return a usage report within five days of receiving instructions.[3][4] Chef also allows usage verification requests up to twice in any 12-month period.[4]
Assignment. Licences cannot be assigned without Progress’s consent, including to a parent or affiliate, and “Your Change of Control will constitute an assignment”.[2] OpenEdge also limits use to the licensee company and excludes Affiliates unless the Order authorises them.[2]
Benchmarks. Benchmark results for a Progress product are Progress Confidential Information and may not be published without written consent.[2]
Litigation
Progress and its subsidiary NuSphere were parties to an early dispute over the GNU General Public License. In 2002 the United States District Court for the District of Massachusetts barred them from using the MySQL trademark pending trial, but refused an injunction on the GPL claims. See Progress Software Corp. v. MySQL AB.[13]
Out of scope
- Negotiated Orders, partner and OEM agreements, which are not public.
- Flowmon, Kemp LoadMaster, MarkLogic, Semaphore, Corticon and Progress Data Cloud, which have their own agreements and are not yet covered in the catalog.
- Prices other than the public Telerik, Kendo UI and WhatsUp Gold list prices.