Brochure & Order Form_Japan B2C E-Commerce Report 2011_by yStats.com
Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
Transcript of Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
1/9
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Publication Date
October 2012
Language
English
Format
PDF & PowerPoint
Number of Pages/Charts
121
Covered Countries
North America: USA, Canada
Latin America: Brazil, Colombia, Mexico
Western Europe: UK, Germany, France, Italy, Nehterlands, Spain
Eastern Europe: Russia, Turkey
Scandinavia: Denmark, Sweden
Asia-Pacifc: China, Japan, Malaysia, South Korea, Australia
Middle East & Africa: UAE, Burkina Faso, Kenya, South Africa, Nigeria, Uganda
Global Mobile Payment Methods 2012
October 2012
We deliver the facts you make the decisions
RESEARCH ON INTERNATIONAL MARKETS
Provided by
October 2012
Price
Single User License: 3.450 (excl. VAT) Site License: 6.900 (excl. VAT) Global Site License: 10.350 (excl. VAT)
- 1 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
2/9
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Key Findings
Company and Product Information
Covering 26 Countries Worldwide
The number of mobile payment users worldwide is projected to keep increasing, to reach more than
400 million in 2016.
In Q1 2012, less than 30% of smartphone and tablet owners in the USA were Using Device for
Payment of mobile purchases.
The most used mobile payment method among mobile shoppers in Europe was Card in Q3 2012,
followed by Micro-Payments, and Invoice.
In Japan, a total of more than 200 million monthly mobile contactless payments were being conducted
in 2012.
Due to their easy accessibility, mobile payment solutions have become popular in Africa, facilitating
the growth in B2C E-Commerce, as of 2012.
About our Reports
Market reports by yStats.com inform top managers about recent market trends and assist with
strategic company decisions
A list of advantages
yStats.comprovidessecondarymarketresearch:Byusingvarioussourcesofinformationweensure
maximum objectivity for all obtained data. As a result companies get a precise and unbiased impression ofthe market situation.
Theanalyses,statisticalreportsandforecastsareonlybasedonreliablesourcesincludingnationaland
internationalstatisticalofces,industryandtradeassociations,businessreports,businessandcompany
databases, journals, company registries and news portals.
OurinternationalemployeesresearchandlterallsourcesandtranslaterelevantinformationintoEnglish.
This ensures that the content of the original studies is correctly interpreted.
yStats.comdeliversallresearchresultsasPowerPointles.Alldatacanthereforebeuseddirectlyforboard
presentations or be individually adapted.
Ifrequired,yStats.comprovidesin-depthanalysisforallresearchprojects.Simplysendusarequest.
About yStats.com
yStats.comhasbeencommittedtoresearchup-to-date,objectiveanddemand-baseddataonmarketsand
competitors from various industries since 2005.
HeadquarteredinHamburg,Germany,thermhasastronginternationalfocusandisspecializedin
secondary market research.
Inadditiontoreportsonmarketsandcompetitors,yStats.comalsocarriesoutclient-specicresearch.
ClientsincludeleadingglobalenterprisesfromvariousindustriesincludingB2CE-Commerce,electronic
payment systems, mail order and direct marketing, logistics as well as banking and consulting.
- 2 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
3/9
1. MANAGEMENT SUMMARY
2. GLOBAL
Mobile Payment Market Trends, 2012;
incl. NFC Mobile Payment Spending, in USD billion,
2012f & 2017f
Mobile Payment Conduction, by Country,
in % of Consumers, six Months to Q1 2012
Mobile Banking Usage, by Country,
in % of Consumers, six Months to Q1 2012
Mobile Payments Readiness, by Country,
on a Scale from 0-100, May 2012
Breakdown of Mobile Payment Market Share,
by Region, in %, 2015f
Breakdown of Mobile Payment Market Share,
by Use Case, in %, 2015f
Breakdown of Mobile Payment Market Share,
by Technology, in %, 2015f
Positive Experiences made with Online Banking and
Mobile Banking, by Region, in % of Retail BankingCustomers, 2011 & 2012f
Mobile Payment Transaction Volume, in USD billion,
2011 & 2012f
Breakdown of Mobile Payment Value,
by NFC Payments and other Mobile Payments, in %,
2017f
Popular Services for Mobile Payments via
Smartphone/Tablet, by Service,
in % of Mobile Payment Users, 2012f
Mobile Payment Users, in millions, 2009, 2011,
2013f & 2016f Breakdown of Mobile Payment Awareness and Usage,
in % of Smartphone or Tablet Internet Users, 2012f
3. NORTH AMERICA (cont.)
3.1 USA (Top Country) (cont.)
Mobile Shopping Activities, including Mobile Payment,
by Smartphone and Tablet, in % of Smartphone and
Tablet Owners, Q1 2012
MobileWalletBenetswhenpayingIn-Store,
in % of Consumers, March 2012
Preferred Digital Wallet Provider, by Age Group of
Internet Users, in % of Internet Users interested in
Digital Wallets, Q4 2011
Breakdown of Mobile Payment Business Models,
by Feasibility, in %, 2011
Reasons for stagnant or declining Mobile Payment
Usage, in % of Mobile Payment Users, March 2012
Proximity Mobile Payment Transaction Value,
in USD billion and in % annual Growth, 2011-2016f
Average per Capita Proximity Mobile Payment
Transaction Spending, in USD, 2011-2016f
Leading Mobile Banking Activities,in % of Mobile Banking Users, 2011
Mobile Payment News about Boku, May 2012
Mobile Payment News about CorFire, January 2012
Mobile Payment News about Groupon,
September 2012
Mobile Payment News about Isis and Samsung,
May & October 2012
Mobile Payment News about Parkmobile USA,
March & May 2012
Mobile Payment News about PayOne, May 2012
MobilePaymentNewsaboutStarbucksandSquare,
October 2012
Mobile Payment News about Wal-Mart Stores Inc.,
Target Corp., and 7-Eleven, August 2012
3. NORTH AMERICA
3.1 USA (Top Country)
Mobile Payment Market Trends, April 2012
3.2 Canada
Mobile Payment Market Trends, 2012
Mobile Payment Market Trends, Spring 2012 and
Share of Mobile Banking App Users on totalSmartphone Users, in %, Spring 2012
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Table of Contents (1 of 4)
- 3 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
4/9
4. LATIN AMERICA
4.2 Colombia
Mobile Payment Market Trends, 2012
Mobile Payment News about Redeban Multicolor,February 2012 and total Transactions made using
Redeban Multicolors mobile Banking, in millions,
2010 & 2011
4.3 Mexico
Mobile Payment Market Trends, 2011/2012
5.1 Europe: Regional
Used Mobile Payment Methods,
in % of Mobile Shoppers, Q3 2012
Share of Bank Customers having used PayPal for
Mobile Payments,
by Country (Germany, UK, France), in %, June 2012
5. WESTERN EUROPE (cont.)
5.3 Germany (Top Country)
Mobile Payment Market Trends, 2012 and Trust in the
Protection of personal Data in Mobile Payments,
by Trustee, in %, June 2012
Mobile Payment Market Development, 2012
Direct Carrier Billing Market Trends, April 2012 and
Breakdown of preferred Mobile Payment Methods,
in % of Smartphone Users, April 2012
Share of Consumers wanting to use a Smartphone
for Mobile Payment, by Age Group, in %, 2011
Mobile Payment News about G&D,
July & September 2012
Mobile Payment News about MasterCard and
Deutsche Telekom, July 2012
Mobile Payment News about Otto and Yapital,
March 2012
Mobile Payment News about Telefnica Deutschland,
October 2012
5.4 France (Top Country)
Level of Interest in Services associated with
Mobile Payment, in % of Internet Users, June 2012
Level of Interest in Mobile Payment Services,
by Type of Service, in % of Internet Users,
June 2012
5. WESTERN EUROPE
5.2 UK (Top Country)
Direct Carrier Billing Market Trends, April 2012 and
Breakdown of Preferred Mobile Payment Methods,
in % of Smartphone Users, April 2012
BreakdownofCondenceLevelinSecurityofMobile
Banking, in % of Smartphone Owners, July 2012
Breakdown of Amount of Banking done by
Smartphone, in % of Smartphone Owners, July 2012
Breakdown of Likelihood of using Smartphone like
a Credit Card, in % of Smartphone Owners
aged 18-24, July 2012
4.1 Brazil
Mobile Payment Market Trends, 2012
5.2 UK (Top Country) (cont.)
Maximum Spend on a Purchase when using the
Phone like a Credit Card,
in % of Smartphone Owners, July 2012
Reasons against swiping Smartphones like a Credit
Card, in % of Smartphone Owners, July 2012
Reasons against doing Banking via Smartphone,
in % of Smartphone Owners, July 2012
Attitudes towards Mobile Wallets,
in % of Consumers, April 2012
Share of Mobile Banking and of In-Store Payments,
in % of Smartphone Owners, September 2012
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Table of Contents (2 of 4)
- 4 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
5/9
5. WESTERN EUROPE (cont.)
5.6 Netherlands
Breakdown of preferred Mobile Payment Methods of
Mobile Shoppers, in % of Mobile Shoppers, 2011
Mobile Payment News about Gemalto, October 2012
8. ASIA-PACIFIC
8.1 China (Top Country)
Mobile Payment Market Trends, 2012
Mobile Payment Trade Volume, in CNY billion andin % annual Growth, 2010-2014f
Number of Mobile Payment Users, in millions andin % annual Growth, 2010-2014f
Used Mobile Payment Methods, in % of Consumers,November 2011
BreakdownofCondenceinfutureofMobilePayment Usage, in % of Consumers, November 2011
Mobile Payment News about China UnionPay,February, May & June 2012
5.7 Spain
Mobile Payment News about Telefonica Digital,
July 2012
6. EASTERN EUROPE
6.1 Russia
Mobile Payment News about MTS, VimpelCom and
Megafon, 2012
Mobile Payment News about VimpelCom and
Net Element International, October 2012
7. SCANDINAVIA
7.1 Denmark
Mobile Payment Methods, in % Mobile Shoppers,
Q1 2012
7.2 Sweden
Mobile Payment Market Trends, 2011/2012
Used M-Commerce Payment Methods,
in % of Mobile Shoppers, Q3 2012
5.5 Italy
Mobile Payment Market Trends, 2011 and Mobile
Payment Transaction Volume, by Digital Content and
Goods and Services, in EUR mil., 2011
Mobile Payment Transaction Volume,
in EUR billion, 2011 & 2015f
5.4 France (Top Country) (cont.)
Conditions for paying via Mobile Phone at a
Merchant, in % of Internet Users, June 2012
Mobile Payment Concerns, in % of Internet Users,
June 2012
CondenceinPlayersofferingMobilePayment
Solutions, by Player, in % of Internet Users,
June 2012
Mobile Payment News about Visa, January 2012
6. EASTERN EUROPE (cont.)
6.2 Turkey
Mobile Payment Market Trends, 2011
Mobile Banking and Payment Market Trends,
December 2011
Mobile Payment Volume, in TRY million, 2012f-2015f
Share of Mobile Payments on total B2C E-Commerce
Payments, in %, 2012f & 2015f Mobile Payment News about Turkcell, October 2012
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Table of Contents (3 of 4)
- 5 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
6/9
8. ASIA-PACIFIC (cont.) 9. MIDDLE EAST & AFRICA (cont.)
8.2 Japan
Mobile Payment Market Trends, 2011/2012
Mobile Payment News about MasterCard and
NTT DOCOMO, October 2012
Mobile Payment News about PayPal, May 2012
8.3 Malaysia
Mobile Payment News about PayPal and Malaysia
Airlines, July 2012
8.4 South Korea
Mobile Payment News about Won Corporation,
July 2012
8.5 Australia
Mobile Payment News about Apple, July 2012
9. MIDDLE EAST & AFRICA
9.1 UAE
Mobile Payment News about MasterCard and
Network International, October 2012
9.2 Africa: Regional
Mobile Payment Market Trends, 2012
9.3 Burkina Faso
Mobile Payment News about Airtel, July 2012
9.7 Uganda
Mobile Payment Market Trends, 2012
9.4 Kenya
Mobile Payment Transaction Volume, in KES billion,
2010 & 2011
9.5 Nigeria
Mobile Payment Market Trends, 2012
Mobile Payment Transaction Value, in NGN billion,
2011 & 2012f
9.6 South Africa
Mobile Banking Development, 2011/2012
Mobile Payment News about MasterCard Mobile,
April 2012
Mobile Payment News about PayU, July 2012
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Table of Contents (4 of 4)
- 6 -
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
7/9
We deliver the facts you make the decisions
RESEARCH ON INTERNATIONAL MARKETS
80
With a CAGR of +111%, the mobile payment transaction volume in Italy
is expected to reach EUR 14 bil. in 2015, up from EUR 0.7 bil. in 2011.
Italy: Mobile Payment Transaction Volume, in EUR billion, 2011 & 2015f
14,0
0,7
0
5
10
15
20
2011 2015f
inEURb
illion
Source:Fasi,February2012
CAGR +111%
We deliver the facts you make the decisions
RESEARCH ON INTERNATIONAL MARKETS
44
PayOne integrated with T-Mobile USA for direct carrier billings, having a
transaction record of USD 5 billion (EUR 3.9 billion), as of May 2012.
USA: Mobile Payment News about PayOne, May 2012
Source:ThePaypers,May 2012
The US mobile payments company PayOne, renamed
from PaymentOne, entered an agreement with mobile
network operator T-Mobile USA in May 2012, providing
theirpayment processing services for direct carrier
billing.
PayOne had already processed direct carrier billings
worth more than USD 5 bil lion, as of May 2012,
mostly through micro transact ions such as in-app
purchases.
The company is engaged in more than 70 countries
and has access to 3.5 billion potential customers
through cooperations with mobile network operators.
PayOne also offered payment processing for
purchases of mobile applications developer Snap
MyLife and a one-click mobile payments platform for
other global commerce services.
- 7 -
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Samples
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
8/9
- 8 -LinkedIn XING Twitter Facebook
Phone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Report Order FormREPORT ORDER FORM
PlacE YOuR ORDER as FOllOws
Call us at + 49 40 39 90 68 50Fax us at + 49 40 39 90 68 51 using the form below
Scan and Email us at [email protected] using the form below
cHOOsE YOuR lIcENsE TYPE aND REPORTs
Please conrm the license type you require:
Single User License Site License1 Global Site License2
Report Title Publication Date Price ()
aN INvOIcE wIll bE sENT TO YOuR cOMPaNY. PlEasE cOMPlETE YOuR cONTacT DETaIls.
Title: Mr/Mrs/Ms First Name
Last Name
Job Title
Company
Email Address
Telephone Number
Fax Number
Address
City State/Province
Country Post Code/ZIP
Your Order is subject to our Terms & Conditions as attached hereto.All Forms must have a signature to conrm your order:
Signature
Where did you nd us?
Google/Search Engine Google Adwords/Online Advertising Article in Trade Journal Press Release
Social Media Recommendation
Others: ________________________
Note: Reports are provided in electronic PDF form. yStats.comwill contact you in the future to provide our free newsletter orother mailings. If you do not wish to receive our newsletter orother mailings, you may advise us of this. Your contact informa-tion will not be sold to other organizations.
1) Site Licenses, allowing all users within a given geographicallocation of an organization to access the report, are availablefor double the price.2) Global Site Licenses, allowing all worldwide users of an orga-nization to access the report, are available for triple the price.
EU Companiesmust supply VAT No
Purchase Order No(if required)
Order Date
Global Mobile Payment Methods 2012
-
7/31/2019 Brochure & Order Form_Global Mobile Payment Methods 2012_by yStats.com
9/9
- 9 -
LinkedIn XING Twitter FacebookPhone: +49 (0) 40 - 39 90 68 50
Fax: +49 (0) 40 - 39 90 68 51
www.ystats.com
Global Mobile Payment Methods 2012
Terms and Conditions
1. SCOPE1.1 The following terms and conditions apply to our entire contract (the Contract) between
yStats.comGmbH&Co.KG(hereinafteralsoreferredtoasweorus)withourcustomersregarding (i) research services, (ii) the purchase of reports, and (iii) any other contractsbetween us and our customers executed by reference to these terms and conditions (anyreports and other services and products which we may make available to the customer undera Contract hereinafter the Products).
1.2 Any terms and conditions of our customers are hereby expressly rejected. Agreements con-trarytothesetermsandconditionsrequireourwrittenconrmation.Incaseofdeviations
between these terms and conditions and the contents of the Order Forms, the contents ofthe Order Form shall prevail.
2. OFFERS, ORDERS
2.1 With respect to research services, we usually submit an offer to the customer in the form ofa Research Order Form accompanied with a proposal stating the nature of the issue to beresearched,theservicestoberendered,thetimerequiredforthestudyandthefeedue.
2.2 With respect to the purchase of reports, we usually submit an offer to the customer in theform of a Report Order Form accompanied with product brochure stating the contents ofthe report and the fee due. In this respect, our customers may chose between two types ofProducts, namely (i) our Product Market Reports and (ii) our Product Full Access Global
E-Commerce Reports.2.3 If a customer orders our Product Market Reports, the customer gets access to the ordered
reportasidentiedintheReportOrderFormandthecustomermayusethatreportinaccor -dance with Section 4.3 below and the other provisions of the Contract.
2.4 If a customer orders our Product Full Access Global E-Commerce Reports, the customergets access to any standard reports (for the avoidance of doubt excluding reports publishedin connection with any research services) focussed on the Internet & E-Commerce industryas generally published by us during the twelve (12) months prior to the execution of theContractandduringthesubscriptiontermasidentiedintheReportOrderFormasofthedate of the execution of the Contract (i.e. one, two or three years), and the customer mayuse those reports as a Global Site License in accordance with Section 4.3 below and the
other provisions of the Contract.2.5 Unless expressly agreed otherwise in writing, the contents of our offers may not be made
available in whole or in part to any third party outside the organization of the customerwithout our prior written consent.
2.6 Our offers are not binding and subject to change without notice until acceptance by thecustomer. Our orders will become legally binding upon acceptance by the customer. A validacceptancerequirestheexecutionofourResearchOrderFormorourReportOrderFormrespectively (each such document hereinafter the Order Form) by a duly authorized repre-
sentative of the customer and the submission of the Order Form to us via facsimile or emailwithpdf-attachment.Wewillprovidethecustomerwiththeaccessdatarequiredtoaccess
the ordered Product(s) with two (2) days as of the execution of the Contract.3. TERMS OF PAYMENT
3.1 The contractually negotiated prices are to be derived exclusively from the Order Form and/orthe documents referenced therein.
3.2 All prices are net and without transportation costs, if applicable. Value Added Tax, if applica-ble, at the statutory rate shall be added to all fees payable hereunder.
3.3 We may demand an additional fee for services that go beyond the scope as agreed under theOrderFormincasesuchadditionalProductsarerequestedbythecustomer.
3.4 We will send our invoice to the customer upon execution of the Contract, unless agreedotherwise in the Order Form. In the event that the customer orders our Product Full AccessGlobalE-CommerceReports,wewillsendourinvoicefortherstcontractyearuponexe -
cutionoftheContractandtheinvoice(s)foranysubsequentcontractyear(s),ifany,uponcommencementofanysubsequentcontractyear.
3.5 All payments shall be due and payable within thirty (30) days following the date of ourinvoice without any deductions. The customer will be in default one day after the expiry datewithoutanyfurtherwarningnoticebeingrequired.
3.6 All customers rights of retention or set-off are hereby excluded to the extent that they are
not based on the same contractual relationship. Retentions or set-offs are allowed only if thecustomers claim is nondisputed or has become unappeasable.3.7 In the event of a customers default in payment or other apparent credit unworthiness, all
remaining claims against that customer shall become immediately due and payable in full.
We shall then be entitled to rescind payment terms previously agreed upon and to demandpayment in advance or other appropriate security with respect to pending deliveries. Acustomershallbedeemedunworthyofcreditinparticularwhenhelesapetitioninban-kruptcy or composition proceedings.
4. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITIES
4.1 All copyrights and other intellectual property rights in connection with our Products remainwith us. All data carriers remain our property. The customer may not modify, publish, trans-mit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, orin any way exploit any of the Products made available by us, in whole or in part, except asexpressly permitted under the Contract.
4.2 Upon delivery of the Products to the customer and payment of the agreed fee, the customer
obtains a non-exclusive, non-transferable, perpetual, worldwide right to use the Productsprovided to the customer for its internal purposes or any additional purposes set out in theOrderForm.ArighttoresellourProductsrequiresourpriorwrittenapproval.
4.3 In the event that the parties agree on a Single User License under the Order Form, this
means that only one individually named user of an organization shall be entitled to accessthe report. In the event that the parties agree on a Site License under the Order Form, thismeansthatalluserswithinagivengeographicallocation(asspeciedintheOrderForm)of an organization shall be entitled to access the report. In the event that the parties agreeon a Global Site License, this means that all worldwide users of an organization shall be
entitled to access the report. In both cases, the term organization refers to the company ofthespeciccustomeronlyandexcludesanythirdpartiesincludingafliates.
4.4 We must expressly be named as the author of any data the customer processes further ascontractually negotiated.
5. TECHNICAL INFORMATION
5.1 We shall provide our Products in standardized data formats.5.2 The customer must ensure that he has the corresponding technical resources to make use of
these data. The customer may not derive any claims in this connection on grounds of breachof obligation.
6. DEFECTS AS TO QUALITY
6.1 Noclaimsfordefectsastoqualityaretriggeredbyinsignicantdiscrepanciesbetweenourproductsandservicesandthewarrantedqualityortnessforuse.
6.2 Likewise,noclaimsfordefectsastoqualitymaybederivedfromentrepreneurialriskse.g.,withregardtoquestionsofentrepreneurialdiscretion,anerroneousassessmentofthemarket situation or the failure to recognize a business actions merit.
6.3 Defect-based claims are further excluded in cases of excessive or improper use or in connec-tionwithdamagescausedbyextraordinaryconditionsnotreectedintheOrderForm.Thisisalsotrueincasesofsubsequentchangesmadebythecustomersorthirdpartiesunlesssuch changes do not affect the analysis and removal of a given defect.
6.4 Claimsfordefectsastoqualityexpirewithinoneyearfromthecommencementofthelegalstatute of limitation. This limitation does not apply to the extent that applicable law stipu-lates a longer period in cases of intentional or grossly negligent breaches of duty on the partof us, fraudulent concealment of a defect and injuries to life, body and health.
6.5 Claims for damages and the reimbursement of expenditures are further subject to Section 8.7. LEGAL DEFECTS
7.1 We are liable for products and services infringing on third-party rights only if and to theextent that our products and services are used in accordance with the agreed contractualrequirements.
7.2 Unless agreed otherwise, our liability for the infringement on third-party rights is limited tothe territory of the European Union and the European Economic Area as well as the place of
its services proper use as agreed under the applicable Order.7.3 In the event that a third party asserts claims against the customer, alleging that a service
performed by us violates its rights, the customer shall promptly notify us. If a servicerendered by us violates thirdparty rights, we shall choose one of the below actions, dulytaking into consideration the customers interests:a) procuring for the customer the right to use the service;b) revising the service to render it free of legal violations; orc) withdrawing the service and refunding to the customer any related compensation paid,
asadjustedbyanadequateuserfee,ifwecannoteffectanotherremedyatareasonableexpense.
7.4 Uponourrequest,theCustomershallassistuswiththedefenseagainstclaimsaccordingtothis section 7, with us reimbursing the Customer for any expenditures and costs incurred asa result, although each of the Parties bears the costs of the use of its own personnel.
7.5 Claims the Customer may hold for legal defects expire in accordance with Section 6.4.7.6 Claims for damages and the reimbursement of expenditures are further subject to Section 8.8. LIABILITY
8.1 In cases of intentional misconduct and gross negligence, we are fully liable pursuant toapplicable law.
8.2 Our liability in cases of simple negligence is limited as follows: we are liable only if and totheextentthatweviolatedamaterialcontractualobligation(cardinalobligation)i.e.,anobligation that (i) the Customer reasonably relied upon at execution of the applicable Order
Formand(ii)wasofcriticalsignicancetotheoutcomeofperformance.Asregardspropertydamageandnancialloss,suchliabilityislimitedtotypicalandforeseeabledamages;innoeventwillwebeliableforanyincidental,special,punitiveorconsequentialdamages,lossofprotsorlossofdatainsuchcase.
8.3 Our liability for damages under warranties (Beschaffenheitsgarantien) is limited to instancesin which the warranty expressly includes such liability.
8.4 Claims for the reimbursement of expenditures and other liability claims asserted by theCustomer against us are subject to sections 8.1 through 8.3.9. CONFIDENTIALITY
9.1 ThePartiesshallholdinstrictcondenceforanindeniteperiodoftimealldataand
information materials of which they gain knowledge as part of a Contract, be it orally, inwriting or otherwise, directly or indirectly, provided that such data or information materialsaredesignatedcondentialormustbeconsideredcondentialbasedontheirnature,andshall use them exclusively as part of the services covered by the relevant Order. This duty ofcondentialityexcludesdataandinformationmaterialsthat:a) were already known or accessible to any third party at the time of disclosure;b) one of the parties legitimately receives from a third party following disclosure, and such
thirdpartyisnotboundbyadutyofcondentialityinrelationswiththeotherParty;c) must be disclosed by order of and to a government agency or another competent third
party; and d)mustbedisclosedtolegalortaxadvisorsofthecontractualcustomerinquestionfor
consulting purposes.In the cases of Sections c) and d), the parties shall (i) promptly inform each other about agivenrequestandpriortodisclosingcondentialinformation,and(ii)limitthedisclosureofcondentialinformationtotheminimumrequired.
9.2 We may use the Customer as a reference so long as no contractual details are divulged.10. JURISDICTION, GOVERNING LAW, MISCELLANEOUS10.1PlaceofpaymentisHamburg,Germany.10.2All disputes arising from or in connection with any Contract between the parties shall be
resolvedthroughthecourtsofHamburg.GoverninglawisGermanlaw.