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Oracle Database Licensing

Oracle Failover Licensing and Disaster Recovery Licence Guide

An independent advisory on how Oracle licences disaster recovery and failover environments — the 10-day rule, Data Guard, Active Data Guard, virtualised DR, and how to design an audit-safe standby architecture without overspending.

📄 Independent Advisory ⏱️ 18 min read 🔄 Updated 2025 ✍️ Fredrik Filipsson
10 Days maximum annual failover allowance without additional licences
$47,500 list price per processor licence for Oracle DB EE — doubles with Active Data Guard
cost multiplier when DR options & packs mirror production
#1 Trap accidental query or test activity on "passive" standby during audits

1. Why DR Licensing Matters — and Where It Goes Wrong

Disaster recovery is a non-negotiable requirement for any enterprise running Oracle Database in production. But Oracle's licensing rules for standby and failover environments are among the most misunderstood areas in the entire Oracle licensing landscape — and among the most expensive when misinterpreted.

The core challenge is deceptively simple: activity level determines licensing, not the label you put on the server. Calling a server "DR" or "standby" does not exempt it from licensing. The moment any workload runs on that server — queries, reports, testing, or even certain monitoring activities — Oracle considers it an active deployment that requires full licensing.

Oracle's DR licensing rules can vary widely depending on how your standby systems operate. Understanding these nuances is crucial to avoid overpaying or risking non-compliance. This guide explains the different types of standby setups, clarifies Oracle Data Guard versus Active Data Guard, breaks down the "10-day rule," and shows how to keep your DR environment compliant without overspending.

For the complete picture on Oracle database licensing fundamentals, read our Oracle Database Licensing Guide.

"The most common DR licensing mistake we encounter is the assumption that a standby database is automatically free. It is not. Oracle's rules are precise — and their audit scripts are designed to detect every second of active use on your standby systems."

— Fredrik Filipsson, Co-Founder, Redress Compliance

2. Types of Disaster Recovery Environments

Oracle recognises several types of DR deployment setups, and each one has different licensing implications. Understanding which category your standby falls into is the first step toward compliance.

DR TypeActivity LevelLicensing RequirementUse Case
Cold StandbyOffline — powered off or dormantCovered by 10-day ruleLowest-cost DR; manual failover
Warm StandbyPeriodically opened for data refreshUsually requires full licenceFaster recovery; some data lag
Physical Standby (Data Guard)Synced via redo apply; passive10-day rule applies if truly passiveNear-zero data loss; automatic failover
Logical Standby (Data Guard)Open for read — queryableRequires full licenceReporting offload; data transformation
Snapshot StandbyTemporarily open for read/writeRequires licence when writableTesting patches or changes on real data

Critical principle: Activity level determines licensing — not the label. A server you call "DR" but use for quarterly reporting is a production server in Oracle's eyes and must be fully licensed.

3. Oracle's 10-Day Rule Explained

Oracle's "10-day rule" is one of the most frequently cited — and most frequently misapplied — provisions in Oracle licensing. It allows a standby database to take over for the primary for up to 10 days per calendar year without requiring additional licences. But the conditions are strict.

Requirements for the 10-Day Rule to Apply

RequirementDetail
Normally passiveThe DR environment must be idle under normal operations — no queries, no reporting, no testing
Primary must be downThe standby can only be activated during a genuine outage when the primary is unavailable
Days are cumulativeAll activation days across the year count toward the 10-day total — they do not reset per incident
Emergency onlyDoes not cover planned maintenance, patching windows, or routine testing

Common Scenarios — What Is and Is Not Covered

ScenarioRequires Licence?Why
DR activated during a genuine production outageNoUses 10-day emergency failover allowance
DR activated for planned maintenance on primaryYesPlanned use is not an emergency — counts as normal usage
DR used for annual DR testing / fire drillYesTesting is not covered by the 10-day rule
DR used to offload month-end reportingYesAny reporting is considered production use
Passive standby applying redo logs onlyNoRedo apply alone does not constitute "use"

"The 10-day rule is powerful — but its scope is extremely narrow. We see organisations routinely exceed it without realising, particularly when they use the standby for DR testing or roll over to it during planned maintenance windows. Every activation day must be documented."

— Fredrik Filipsson, Co-Founder, Redress Compliance
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4. Licensing Passive Standby Environments

A passive standby server stays completely idle until a failover occurs. This is the only configuration that can operate without additional Oracle licences (subject to the 10-day rule). But the definition of "passive" is strict.

What Qualifies as Passive

ActivityConsidered "Use"?Licensing Needed?
Redo apply (log shipping)NoCovered under primary licence
Automated DR health checksNoCovered — monitoring infrastructure, not querying data
Querying the standby databaseYesRequires full licence
Opening standby for QA or dev testingYesRequires full licence
Running reports against the standbyYesRequires full licence
Using Oracle Enterprise Manager packs on standbyYesRequires pack licensing on the standby

Common trap: Running Oracle Enterprise Manager (OEM) Diagnostics Pack or Tuning Pack against the standby — even for monitoring purposes — constitutes use of those licensed options and requires licensing on the standby servers. Restrict OEM monitoring to basic metrics only.

In practice, maintaining a truly passive standby requires operational discipline. Your DBAs must understand that any normal workload on the standby — no matter how brief — triggers a licensing obligation. This is why clear access controls and documentation are essential.

Need help verifying your DR licensing posture before an audit? Oracle Licence Management →

5. Licensing Data Guard Environments

Oracle Data Guard is a feature included with Oracle Database Enterprise Edition at no extra licence cost. It keeps a standby database synchronised with the primary in near real-time using redo log shipping and apply. However, while Data Guard itself is free, the licensing of the standby database depends entirely on how that standby is used.

Data Guard ConfigurationStandby ActivityLicensing Required?Notes
Physical StandbyPassive — redo apply onlyNo (10-day rule applies)The only free DR path. Database is mounted but not open for queries
Logical StandbyOpen for read — queryableYes — full licenceSQL apply reconstructs transactions; standby is open for reporting
Snapshot StandbyOpen for read/write temporarilyYes — licence needed when writableUseful for testing but triggers full licensing during writable window
SwitchoverPlanned role swap between primary and standbyCovered if within 10-day limitShort-term role reversal for maintenance; must document carefully
FailoverEmergency promotion of standby to primaryCovered under 10-day ruleCounts against annual 10-day allowance

The key distinction: Data Guard is free — but the standby activity is not. Physical standby with redo apply only is the sole configuration that avoids additional licence costs. The moment the standby is opened for any purpose — queries, reporting, testing — it becomes a licensable deployment.

For detailed guidance on Oracle's official Data Guard documentation, see Oracle Data Guard on oracle.com.

Real-World Example

$1.2M unexpected audit finding

A North American insurance company maintained a Data Guard physical standby for DR purposes. During an audit, Oracle's LMS scripts detected that the standby had been opened for read-only queries by the BI team for two hours every month-end. Despite the limited duration, Oracle classified this as Active Data Guard usage, generating a $1.2M compliance claim for unlicensed ADG processors across the standby cluster.

Read more Oracle licensing assessment case studies →

6. Licensing Active Data Guard

Active Data Guard (ADG) is an optional paid add-on to Oracle Database Enterprise Edition. It extends standard Data Guard by allowing the standby database to be open read-only for queries while simultaneously applying redo from the primary. This is powerful for offloading reporting workloads — but it comes at a significant licensing cost.

Active Data Guard Licensing Requirements

RequirementDetail
Licence the standby processorsAll processor cores (or all Named Users) on the standby servers must be licensed for ADG
Match the primary metricThe standby must use the same licence metric as the primary (Processor or NUP)
Read-only is not freeEven read-only reporting on the standby requires full ADG licensing
No mixingYou cannot use ADG on some standbys and claim the 10-day rule on others for the same database

Features That Trigger ADG Licensing

Feature or ActionRequires ADG Licence?Why
Read-only queries on standbyYesWorkload on standby = active use
Automatic block repairYesADG-exclusive feature
Real-time apply with concurrent queriesYesUses standby CPU resources for queries
Far Sync instanceYesADG feature for zero data loss over WAN
Normal switchover or failover onlyNoCovered by base DB licensing and 10-day rule

"Active Data Guard is one of the most expensive Oracle options that organisations enable without fully understanding the cost implications. At list price, ADG costs $11,500 per processor — and it must be licensed on every core of the standby. For a 32-core standby (16 licences at 0.5 core factor), that is $184,000 in ADG licences alone, on top of the base database licensing."

— Fredrik Filipsson, Co-Founder, Redress Compliance
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7. Licensing DR in Virtualised and Cloud Environments

Virtualised and cloud DR setups introduce additional licensing complexity. Oracle's policies on counting processors in VMs or cloud instances can lead to unexpected costs if not planned carefully.

Key Rules for Virtualised and Cloud DR

EnvironmentLicensing RuleDR Impact
VMware / Hyper-V (Soft Partitioning)Oracle requires licensing all physical cores in the entire cluster — not just the VMA standby VM in a shared cluster could require licensing every host in the cluster
Oracle VM (Hard Partitioning)Only the cores pinned to the Oracle VM need licensingAllows cost-effective DR by limiting licensable cores to the VM boundary
AWS / Azure / GCP2 vCPUs = 1 processor licence (with hyper-threading). Core Factor Table does not applyCloud DR instances must be licensed when running — even if only used during failover
Oracle Cloud (OCI)1 OCPU = 1 processor licence; Support Rewards may offset costsMost favourable DR licensing ratio; BYOL friendly

VMware trap: If your Oracle DR standby runs as a VM within a VMware or Hyper-V cluster, Oracle may claim you must licence every physical core across every host in that cluster — even if the standby VM is currently powered off but could migrate. Isolating Oracle DR on dedicated hosts or using Oracle-approved hard partitioning is the safest approach.

For cloud DR architectures, the key question is whether the standby instance is running and consuming cloud resources. A powered-off cloud instance does not require licensing, but the moment it boots — even for a failover test — it becomes licensable. Cloud providers make it easy to spin up DR instances on demand, but Oracle's licensing clock starts ticking the moment the instance is active.

Migrating Oracle DR to the cloud? Get the licensing right first. Oracle Audit Defense →

8. How Options and Packs Affect DR Licensing

One of the most costly surprises in Oracle DR licensing is the requirement to licence every option and pack on the standby that is licensed on the primary. Oracle requires the same licensing coverage on the standby as on the production database — even if the standby is not actively using those features.

Options That Must Be Licensed on DR (If Used on Primary)

Option / PackList Price per ProcessorDR Licensing Requirement
Diagnostics Pack$7,500Must be licensed on standby if licensed on primary
Tuning Pack$5,000Must be licensed on standby if licensed on primary
Partitioning$11,500Must be licensed on standby if any partitioned tables exist
Advanced Security (TDE)$15,000Must be licensed if encryption is applied to the data
Active Data Guard$11,500Required whenever the standby is opened for read queries
Real Application Clusters (RAC)$23,000Required if the standby uses RAC for high availability

The financial impact is significant. Consider a production database running on a 16-core server (8 processor licences at 0.5 core factor) with Diagnostics Pack, Tuning Pack, and Partitioning enabled. The standby must mirror those licences exactly — adding $192,000 in option licensing alone (8 × $24,000 across three options), on top of the base database licence cost.

"Options and packs are the hidden cost multiplier in DR licensing. We routinely find that organisations have enabled Diagnostics Pack or Tuning Pack on their standby databases through Oracle Enterprise Manager — sometimes unknowingly — and are sitting on six-figure compliance exposures they don't even know about."

— Fredrik Filipsson, Co-Founder, Redress Compliance

Real-World Example

$3.8M audit exposure reduced to $420K

A global logistics company faced an Oracle audit that identified unlicensed Diagnostics Pack and Partitioning usage across three standby databases in a VMware environment. Oracle's initial claim was $3.8M. By engaging independent advisors to challenge the VMware cluster scope, demonstrate that Diagnostics Pack had been inadvertently enabled via OEM (not actively used for tuning), and negotiate a compliance resolution, the company settled for $420K in additional licences.

Read more Oracle audit case studies →

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9. Designing an Audit-Safe DR Licensing Strategy

The best way to avoid surprises in an Oracle audit is to design your DR architecture with Oracle's licence rules built in from the start. Most DR audit findings stem from unintentional use — not deliberate non-compliance.

Compliance Best Practices

ActionBenefitRisk Avoided
Restrict standby accessPrevents accidental query use by BI teams or developersAvoids triggering ADG licensing obligation
Keep activation logsProvides documented proof for the 10-day rulePrevents disputes during audits about how many days the standby was active
Disable OEM packs on standbyStops unintended Diagnostics/Tuning Pack usageAvoids unlicensed option usage on standby
Align licence metricsEnsures standby uses same metric (Processor or NUP) as primaryPrevents audit penalties for metric mismatch
Isolate Oracle DR on dedicated hostsLimits licensable cores to the physical boundary of the DR serverAvoids full-cluster licensing in virtualised environments
Document DR architectureClear records of server roles, Data Guard configuration, and access controlsEnables rapid, confident response when Oracle's LMS scripts are deployed

Architecture Decision Framework

When designing or reviewing your Oracle DR setup, use this decision logic to determine your licensing obligation:

QuestionIf YesIf No
Is the standby ever opened for queries?Licence for Active Data Guard + full DB EEContinue to next question
Is the standby ever used for testing or QA?Licence the standby fully for the duration of useContinue to next question
Is the standby in a VMware/Hyper-V cluster with other VMs?Consider isolating on dedicated hosts or licensing full clusterContinue to next question
Are any database options or packs enabled on the primary?Those same options must be licensed on the standbyStandby may qualify under 10-day rule
Is failover activation documented and within 10 days/year?No additional licence required (passive DR)Full licensing is needed

Real-World Example

$890K annual savings through DR architecture redesign

A European bank was licensing Active Data Guard across four standby databases — costing over $890K annually in support fees alone. An independent licensing review determined that only one database genuinely required read-only standby queries for regulatory reporting. The other three were rearchitected as passive physical standbys with strict access controls, eliminating the ADG licensing requirement and saving $890K per year in ongoing support costs.

See more Oracle optimisation case studies →

10. Action Checklist: 8 Steps to Compliant DR

Get Expert Help with Oracle DR Licensing

Our independent Oracle licensing advisors can review your entire DR architecture, identify compliance gaps and cost-saving opportunities, and build an audit-safe licensing position — without Oracle knowing.

11. Frequently Asked Questions

Does Oracle Data Guard require a separate licence?
No. Oracle Data Guard is included with Oracle Database Enterprise Edition at no extra cost. However, the standby database itself must be licensed if it is used for any active purpose — queries, reporting, testing, or running with Active Data Guard features enabled. Only a truly passive physical standby (redo apply only) avoids additional licensing, subject to the 10-day rule.
What exactly is the 10-day rule?
The 10-day rule allows a passive standby database to be activated for up to 10 cumulative days per calendar year during genuine production outages — without requiring additional licences. The primary must be down during activation, and the days are counted across all incidents in the year. It does not cover planned maintenance, testing, or reporting use.
Does querying the standby for reporting require a licence?
Yes — absolutely. Any read access to the standby database constitutes Active Data Guard usage, which requires both a full Oracle Database Enterprise Edition licence and the Active Data Guard option licence on all standby processors. Even brief or infrequent queries trigger this requirement. See our Active Data Guard licensing guide for the full breakdown.
How much does Active Data Guard cost?
Active Data Guard has a list price of $11,500 per processor licence. This is in addition to the base Oracle Database Enterprise Edition licence ($47,500 per processor). For a 16-core server with a 0.5 core factor, that means 8 ADG licences × $11,500 = $92,000 — plus 22% annual support ($20,240/year). These costs apply to the standby only; the primary already has its own base licensing.
Do I need to licence database options on the standby?
Yes. If your production database is licensed for options like Diagnostics Pack, Tuning Pack, Partitioning, or Advanced Security, the standby must be licensed for those same options — even if the standby is not actively using them. Oracle's position is that the standby could use those features during a failover.
How does VMware affect DR licensing?
Oracle classifies VMware as "soft partitioning," which means Oracle may require you to licence all physical cores across every host in the VMware cluster where the DR VM could potentially run. This can dramatically increase licence costs for DR environments. The safest approach is to isolate Oracle DR on dedicated physical hosts or use Oracle-approved hard partitioning. For details, see our virtualisation licensing guide.
What about DR in AWS or Azure?
In authorised cloud environments, Oracle uses a simplified vCPU rule: 2 vCPUs = 1 processor licence (with hyper-threading). The Core Factor Table does not apply. Your DR instance must be licensed when it is running — a stopped instance does not require licensing. Plan your BYOL coverage to include the vCPUs of your DR instance during activation.
Can I use my ULA for DR licensing?
If your Unlimited Licence Agreement (ULA) covers the Oracle products deployed on your standby, then yes — the ULA provides unlimited deployment rights during its term. However, ensure the standby products are explicitly included in the ULA scope. At ULA exit (certification), the standby licences must be counted and certified. For guidance, see our ULA management playbook.
What happens if we exceed the 10-day limit?
If your standby activation exceeds 10 cumulative days in a year, you lose the 10-day rule protection for that year. Oracle will consider the standby a licensed deployment, and you will need full processor or NUP licensing covering all cores on the standby servers — retroactively for the entire period. This is why documenting every activation day is critical.
How do Oracle auditors detect DR usage?
Oracle's LMS scripts collect detailed data from every Oracle instance they are run against — including standby databases. The scripts detect whether a database has been opened for read or write, which options and packs have been enabled, and whether Active Data Guard features have been used. Alert logs and database audit trails provide timestamps that Oracle can use to calculate how many days the standby was active.
Is Oracle Standard Edition 2 easier to licence for DR?
Standard Edition 2 does not support Data Guard, Active Data Guard, or most of the Enterprise Edition options. However, if you use SE2 with a basic backup/restore DR strategy, the standby server still needs its own SE2 licence (per socket) unless it remains completely idle and within the 10-day rule. SE2's lower cost and simpler socket-based licensing can make DR more affordable for smaller deployments.
Should we negotiate DR licensing terms in our Oracle contract?
Yes — this is one of the most underutilised negotiation levers. You can negotiate specific DR provisions, such as extended failover allowances (beyond 10 days), explicit rights for DR testing, or discounted ADG licensing for standby environments. Any such concessions must be documented in writing in your Oracle ordering documents. Verbal assurances carry no weight in an audit.

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FF

Fredrik Filipsson

Co-Founder of Redress Compliance. Over 20 years of experience in enterprise software licensing across Oracle, Microsoft, SAP, IBM, and Salesforce. Former IBM, SAP, and Oracle executive. Has helped hundreds of Fortune 500 companies optimise costs, defend against audits, and negotiate favourable terms with major software vendors.