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Europe Online Gambling and Betting Report 2012


August 2012

                                                                             Provided by

                RESEARCH ON INTERNATIONAL MARKETS
                    We deliver the facts – you make the decisions




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                                                                                           August 2012




Publication Date	
	 August 2012
Language	
	 English
Format	
	 PDF & PowerPoint
Number of Pages/Charts 	 	
	 43
Covered Countries 	            				               								
	 Western Europe: UK, Germany, France (Top Countries), Belgium, Italy, Spain					
	 Eastern Europe: Czech Republic, Turkey										
	 Scandinavia: Denmark, Norway, Sweden									

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Europe Online Gambling and Betting Report 2012

Key Findings
 Covering 11 European countries

 •	   From 2011 on, a growing number of European countries has been legalizing online gambling, with the
      online gambling world leader UK pioneering.
 •	   Beginning in 2012, the UK saw increasing opportunities for live online casino services, with more and
      more online gamblers aware of this gambling method.
 •	   Online gambling revenues in Germany are projected to grow with a compound annual growth rate of
      almost +20% until 2015.
 •	   In France, the 1% most active online gamblers placed more than a third of total online wagers in
      “Sports Bets” in Q1 2012.
 •	   The online gambling market in Spain is estimated to more than double until 2014 compared to 2011.




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Europe Online Gambling and Betting Report 2012

Table of Contents
 1.	MANAGEMENT SUMMARY                                                2. WESTERN EUROPE (cont.)
 2. WESTERN EUROPE                                                    2.5 Belgium
                                                                      •	   Online Gambling and Betting Market Trends,
 2.1 Europe: Regional                                                      2011/2012
 •	   Regulatory Trends in Online Gambling/Betting, 2011
 •	   EU Legislation on Online Gambling, November 2011                2.6 Italy
 •	   Online Gambling Legal Foundations, by Country, `11
                                                                      •	   Monthly Spending on Remote Gambling,
                                                                           in EUR million, January 2011-February 2012
 2.2 UK (Top Country)                                                 •	   Remote Gambling Spending, by Gambling Product, in
                                                                           EUR million, January-February 2012
 •	   Online Gambling and Betting Market Trends, 2012                 2.7 Spain
 •	   Online Gambling Market Value, GBP bil., 2010&2011
 •	   Regular Online Gamblers and Online Bettors, by                  •	   Online Gambling and Betting Market Trends,
      Gender, in %, 2011                                                   2011/2012
 •	   Regular Online Gamblers and Online Bettors, by                  •	   Online Gambling Gross Revenue, in EUR million,
      Age Group, in %, 2011                                                2008-2014f
 •	   Bettors, by Method of Betting & Betting Activity,               •	   Breakdown of Online Gambling and Betting
      including Online, in % of Bettors, 2010                              Revenues, by Category, in %, 2011
 •	   Online Betting and Online Gambling Participants, by
      Frequency of Participation, in % of Participants, 2010
 •	   Breakdown of Problem Gamblers, by Gambling                      3. EASTERN EUROPE
      Location, including the Internet, in %, 2011
 •	   Online Gambling Operation Trends on the Isle of                 3.1 Czech Republic
      Man, 2011
                                                                      •	   Online Gambling and Betting Market Trends, 2012
 2.3 Germany (Top Country)
 3. NORTH AMERICA
 •	 Online Gambling and Betting Market Trends, 2012
                                                                      3.2 Turkey
 •	   European Commission against new German                          •	   Online Gambling and Betting Market Trends, 2012
      Interstate Gambling Treaty, 2012
 •	   Online Gambling Gross Revenues, in EUR billion,
      2012f & 2015f
 •	   Online Gambling Revenues, by selected Online                    4. SCANDINAVIA
      Gambling Category, in EUR million, 2011

                                                                      4.1 Denmark
 2.4 France (Top Country)
                                                                      •	   Online Gambling and Betting Market Trends, 2012
                                                                           and Annual Fees of Online Gambling Operators, by
 •	   Online Gambling and Betting Market Trends, Q1 2012
                                                                           expected yearly Income, in DKK thousand, 2012
      and Circle Gambling Gross Revenues, in EUR million,
      Q1 2011-Q1 2012
 •	   Online Gambling and Betting Gross Revenues, by                  4.2 Norway
      Gambling Category, in EUR million, Q1 2012
 •	   Online Gambling Bet Values, by Gambling Category,               •	   Online Gambling and Betting Market Trends,
      in EUR billion, 2011                                                 2010/2011 and Share of Gamblers on foreign
 •	   Breakdown of Wagers in Online Sports Betting &                       Gambling Websites, in %, 2011
      Horse Race Betting, by Amount wagered, in % of
      Online Gamblers, Q1 2012
 •	   Online Gambling Deposits, by Age Group, in EUR,
                                                                      4.3 Sweden
      Q1 2011 & Q1 2012
                                                                      •	   Online Gambling and Betting Market Trends,
 •	   Online Gamblers, by Gambling Activity and Type of                    2010/2011 and Share of Gamblers preferring Online
      Gambler, in % of Total Online Wagers, Q1 2012                        Casinos over regular Casinos, in %, 2011


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Europe Online Gambling and Betting Report 2012

                                                                            Samples

                                                         RESEARCH ON INTERNATIONAL MARKETS
                                                             We deliver the facts – you make the decisions




        While online gambling deposits have declined in most age groups,
        older age groups were still depositing most in France in Q1 2012.
        France: Online Gambling Deposits, by Age Group, in EUR, Q1 2011 & Q1 2012

                                                                                                                  290
                       65 Years and older
                                                                                                                                        474


                                                                                                              299
                                    55-64 Years
                                                                                                                              408


                                                                                                      258
                                    35-54 Years
                                                                                                            280


                                                                                         199
                                    25-34 Years
                                                                                         192


                                                                               147
                                    18-24 Years
                                                                             141

                                                     0             100                 200                   300        400               500
                                                                                             in EUR
                                                                                     Q1 2011      Q1 2012

        Source: Arjel, March 2012



                                                                                                                                                      33




                                                         RESEARCH ON INTERNATIONAL MARKETS
                                                              We deliver the facts – you make the decisions




        An EU-wide legislation on online gambling was initiated in 2011 to
        combat fraud in online gambling, especially across European borders.
        Europe: EU Legislation on Online Gambling, November 2011
         In response to the high risk of fraud in the ever-growing European online gambling sector, the parliament of the European
          Union initiated an effort to govern the market.
         As of September 2011, the EU member states still dealt differently with online gambling, with legislations ranging from
          prohibition, online gambling on grey markets and monopoly licenses for online gambling providers to entirely open
          markets.
         No EU-wide legislation had been in effect as of 2011, leaving legislative gaps, especially in cross-border online
          gambling activities.
         The purpose of the resolution on online gambling in the EU would be the implementation of a European-wide minimum
          standard of protection against fraud, by requiring electronic identification, while leaving the governments free to decide
          about the extent of their legislative actions or their decision to ban online gambling entirely.
         National blacklists were suggested to be provided in order to expose fraudulent online gambling providers.
         Vulnerable consumers, such as minors, would need to be protected through age verification mechanisms on gambling
          websites and electronic payments to online gambling providers who had been blacklisted or who could not be identified
          at all, should be blocked automatically.
         The possibility to acquire national licenses would need to be offered by every member state, but related aspects, such as
          license costs would not be regulated, because they showed a great divergence across EU member states.




        Source: European Parliament, November 2011



                                                                                                                                                      10




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Europe Online Gambling and Betting Report 2012

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Brochure & Order Form_Europe Online Gambling and Betting Report 2012

  • 1. Europe Online Gambling and Betting Report 2012 August 2012 Provided by RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions ng ambli 12 line G 0 p e On Report 2 Euro etting and B August 2012 Publication Date August 2012 Language English Format PDF & PowerPoint Number of Pages/Charts 43 Covered Countries Western Europe: UK, Germany, France (Top Countries), Belgium, Italy, Spain Eastern Europe: Czech Republic, Turkey Scandinavia: Denmark, Norway, Sweden Price Single User License: € 750 (excl. VAT) Site License: € 1,500 (excl. VAT) Global Site License: € 2,250 (excl. VAT) yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 2. Europe Online Gambling and Betting Report 2012 Key Findings Covering 11 European countries • From 2011 on, a growing number of European countries has been legalizing online gambling, with the online gambling world leader UK pioneering. • Beginning in 2012, the UK saw increasing opportunities for live online casino services, with more and more online gamblers aware of this gambling method. • Online gambling revenues in Germany are projected to grow with a compound annual growth rate of almost +20% until 2015. • In France, the 1% most active online gamblers placed more than a third of total online wagers in “Sports Bets” in Q1 2012. • The online gambling market in Spain is estimated to more than double until 2014 compared to 2011. Company and Product Information 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.com provides secondary market research: By using various sources of information we ensure maximum objectivity for all obtained data. As a result companies get a precise and unbiased impression of the market situation. • The analyses, statistical reports and forecasts are only based on reliable sources including national and international statistical offices, industry and trade associations, business reports, business and company databases, journals, company registries and news portals. • Our international employees research and filter all sources and translate relevant information into English. This ensures that the content of the original studies is correctly interpreted. • yStats.com delivers all research results as PowerPoint files. All data can therefore be used directly for board presentations or be individually adapted. • If required, yStats.com provides in-depth analysis for all research projects. Simply send us a request. About yStats.com • yStats.com has been committed to research up-to-date, objective and demand-based data on markets and competitors from various industries since 2005. • Headquartered in Hamburg, Germany, the firm has a strong international focus and is specialized in secondary market research. • In addition to reports on markets and competitors, yStats.com also carries out client-specific research. • Clients include leading global enterprises from various industries including B2C E-Commerce, electronic payment systems, mail order and direct marketing, logistics as well as banking and consulting. yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 3. Europe Online Gambling and Betting Report 2012 Table of Contents 1. MANAGEMENT SUMMARY 2. WESTERN EUROPE (cont.) 2. WESTERN EUROPE 2.5 Belgium • Online Gambling and Betting Market Trends, 2.1 Europe: Regional 2011/2012 • Regulatory Trends in Online Gambling/Betting, 2011 • EU Legislation on Online Gambling, November 2011 2.6 Italy • Online Gambling Legal Foundations, by Country, `11 • Monthly Spending on Remote Gambling, in EUR million, January 2011-February 2012 2.2 UK (Top Country) • Remote Gambling Spending, by Gambling Product, in EUR million, January-February 2012 • Online Gambling and Betting Market Trends, 2012 2.7 Spain • Online Gambling Market Value, GBP bil., 2010&2011 • Regular Online Gamblers and Online Bettors, by • Online Gambling and Betting Market Trends, Gender, in %, 2011 2011/2012 • Regular Online Gamblers and Online Bettors, by • Online Gambling Gross Revenue, in EUR million, Age Group, in %, 2011 2008-2014f • Bettors, by Method of Betting & Betting Activity, • Breakdown of Online Gambling and Betting including Online, in % of Bettors, 2010 Revenues, by Category, in %, 2011 • Online Betting and Online Gambling Participants, by Frequency of Participation, in % of Participants, 2010 • Breakdown of Problem Gamblers, by Gambling 3. EASTERN EUROPE Location, including the Internet, in %, 2011 • Online Gambling Operation Trends on the Isle of 3.1 Czech Republic Man, 2011 • Online Gambling and Betting Market Trends, 2012 2.3 Germany (Top Country) 3. NORTH AMERICA • Online Gambling and Betting Market Trends, 2012 3.2 Turkey • European Commission against new German • Online Gambling and Betting Market Trends, 2012 Interstate Gambling Treaty, 2012 • Online Gambling Gross Revenues, in EUR billion, 2012f & 2015f • Online Gambling Revenues, by selected Online 4. SCANDINAVIA Gambling Category, in EUR million, 2011 4.1 Denmark 2.4 France (Top Country) • Online Gambling and Betting Market Trends, 2012 and Annual Fees of Online Gambling Operators, by • Online Gambling and Betting Market Trends, Q1 2012 expected yearly Income, in DKK thousand, 2012 and Circle Gambling Gross Revenues, in EUR million, Q1 2011-Q1 2012 • Online Gambling and Betting Gross Revenues, by 4.2 Norway Gambling Category, in EUR million, Q1 2012 • Online Gambling Bet Values, by Gambling Category, • Online Gambling and Betting Market Trends, in EUR billion, 2011 2010/2011 and Share of Gamblers on foreign • Breakdown of Wagers in Online Sports Betting & Gambling Websites, in %, 2011 Horse Race Betting, by Amount wagered, in % of Online Gamblers, Q1 2012 • Online Gambling Deposits, by Age Group, in EUR, 4.3 Sweden Q1 2011 & Q1 2012 • Online Gambling and Betting Market Trends, • Online Gamblers, by Gambling Activity and Type of 2010/2011 and Share of Gamblers preferring Online Gambler, in % of Total Online Wagers, Q1 2012 Casinos over regular Casinos, in %, 2011 yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 4. Europe Online Gambling and Betting Report 2012 Samples RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions While online gambling deposits have declined in most age groups, older age groups were still depositing most in France in Q1 2012. France: Online Gambling Deposits, by Age Group, in EUR, Q1 2011 & Q1 2012 290 65 Years and older 474 299 55-64 Years 408 258 35-54 Years 280 199 25-34 Years 192 147 18-24 Years 141 0 100 200 300 400 500 in EUR Q1 2011 Q1 2012 Source: Arjel, March 2012 33 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions An EU-wide legislation on online gambling was initiated in 2011 to combat fraud in online gambling, especially across European borders. Europe: EU Legislation on Online Gambling, November 2011  In response to the high risk of fraud in the ever-growing European online gambling sector, the parliament of the European Union initiated an effort to govern the market.  As of September 2011, the EU member states still dealt differently with online gambling, with legislations ranging from prohibition, online gambling on grey markets and monopoly licenses for online gambling providers to entirely open markets.  No EU-wide legislation had been in effect as of 2011, leaving legislative gaps, especially in cross-border online gambling activities.  The purpose of the resolution on online gambling in the EU would be the implementation of a European-wide minimum standard of protection against fraud, by requiring electronic identification, while leaving the governments free to decide about the extent of their legislative actions or their decision to ban online gambling entirely.  National blacklists were suggested to be provided in order to expose fraudulent online gambling providers.  Vulnerable consumers, such as minors, would need to be protected through age verification mechanisms on gambling websites and electronic payments to online gambling providers who had been blacklisted or who could not be identified at all, should be blocked automatically.  The possibility to acquire national licenses would need to be offered by every member state, but related aspects, such as license costs would not be regulated, because they showed a great divergence across EU member states. Source: European Parliament, November 2011 10 yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 5. Europe Online Gambling and Betting Report 2012 Report ORDER FORM REPORT Order Form Place Your Order as Follows: Call us at + 49 40 39 90 68 50 Fax us at + 49 40 39 90 68 51 using the form below: Scan and Email us at inquiry@ystats.com using the form below: Place your order now: Please confirm 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 All Forms must have a signature to confirm your order: Signature Where did you find us? EU Companies must supply Purchase Order No Order Date  Google/Search Engine VAT No (if required)  Google Adwords/Online Advertising  Article in Trade Journal  Press Release  Social Media  Recommendation  Others: ________________________ Note: Reports are provided in electronic PDF form. yStats.com will contact you in the future to provide our free newsletter or other mailings. If you do not wish to receive our newsletter or other mailings, you may advise us of this. Your contact information will not be sold to other organizations. 1 ) Site Licenses, allowing all users within a given geographical location of an organization to access the report, are available for double the price. 2 ) Global Site Licenses, allowing all worldwide users of an organization to access the report, are available for triple the price.   yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 6. Europe Online Gambling and Betting Report 2012 Terms and Conditions 1. SCOPE entitled to access the report. In both cases, the term “organization” refers to the company of 1.1 The following terms and conditions apply to our entire contract (the “Contract”) between the specific customer only and excludes any third parties including affiliates. yStats.com GmbH Co. KG (hereinafter also referred to as “we” or “us”) with our customers 4.4 must expressly be named as the author of any data the customer processes further as We regarding (i) research services, (ii) the purchase of reports, and (iii) any other contracts contractually negotiated. between us and our customers executed by reference to these terms and conditions (any 5. TECHNICAL INFORMATION reports and other services and products which we may make available to the customer under 5.1 shall provide our Products in standardized data formats. We a Contract hereinafter the “Products”). 5.2 The customer must ensure that he has the corresponding technical resources to make use of 1.2 Any terms and conditions of our customers are hereby expressly rejected. Agreements con- these data. The customer may not derive any claims in this connection on grounds of breach trary to these terms and conditions require our written confirmation. In case of deviations of obligation. between these terms and conditions and the contents of the Order Forms, the contents of 6. DEFECTS AS TO QUALITY the Order Form shall prevail. 6.1 o claims for defects as to quality are triggered by insignificant discrepancies between our N 2. OFFERS, ORDERS products and services and the warranted quality or fitness for use. 2.1 With respect to research services, we usually submit an offer to the customer in the form of 6.2 ikewise, no claims for defects as to quality may be derived from entrepreneurial risks – L a “Research Order Form” accompanied with a proposal stating the nature of the issue to be e.g., with regard to questions of entrepreneurial discretion, an erroneous assessment of the researched, the services to be rendered, the time required for the study and the fee due. market situation or the failure to recognize a business action’s merit. 2.2 With respect to the purchase of reports, we usually submit an offer to the customer in the 6.3 Defect-based claims are further excluded in cases of excessive or improper use or in connec- form of a “Report Order Form” accompanied with product brochure stating the contents of tion with damages caused by extraordinary conditions not reflected in the Order Form. This the report and the fee due. In this respect, our customers may chose between two types of is also true in cases of subsequent changes made by the customers or third parties unless Products, namely (i) our Product “Market Reports” and (ii) our Product “Full Access Global such changes do not affect the analysis and removal of a given defect. E-Commerce Reports”. 6.4 laims for defects as to quality expire within one year from the commencement of the legal C 2.3 a customer orders our Product “Market Reports”, the customer gets access to the ordered If statute of limitation. This limitation does not apply to the extent that applicable law stipu- report as identified in the Report Order Form and the customer may use that report in accor- lates a longer period in cases of intentional or grossly negligent breaches of duty on the part dance with Section 4.3 below and the other provisions of the Contract. of us, fraudulent concealment of a defect and injuries to life, body and health. 2.4 a customer orders our Product “Full Access Global E-Commerce Reports”, the customer If 6.5 Claims for damages and the reimbursement of expenditures are further subject to Section 8. gets access to any standard reports (for the avoidance of doubt excluding reports published 7. LEGAL DEFECTS in connection with any research services) focussed on the “Internet E-Commerce” industry 7.1 are liable for products and services infringing on third-party rights only if and to the We as generally published by us during the twelve (12) months prior to the execution of the extent that our products and services are used in accordance with the agreed contractual Contract and during the subscription term as identified in the “Report Order Form” as of the requirements. date of the execution of the Contract (i.e. one, two or three years), and the customer may 7.2 Unless agreed otherwise, our liability for the infringement on third-party rights is limited to use those reports as a “Global Site License” in accordance with Section 4.3 below and the the territory of the European Union and the European Economic Area as well as the place of other provisions of the Contract. its services’ proper use as agreed under the applicable Order. 2.5 Unless expressly agreed otherwise in writing, the contents of our offers may not be made 7.3 the event that a third party asserts claims against the customer, alleging that a service In available in whole or in part to any third party outside the organization of the customer performed by us violates its rights, the customer shall promptly notify us. If a service without our prior written consent. rendered by us violates thirdparty rights, we shall choose one of the below actions, duly 2.6 Our offers are not binding and subject to change without notice until acceptance by the taking into consideration the customer’s interests: customer. Our orders will become legally binding upon acceptance by the customer. A valid a) procuring for the customer the right to use the service; acceptance requires the execution of our “Research Order Form” or our “Report Order Form” b) revising the service to render it free of legal violations; or respectively (each such document hereinafter the “Order Form”) by a duly authorized repre- c) ithdrawing the service and refunding to the customer any related compensation paid, w sentative of the customer and the submission of the Order Form to us via facsimile or email as adjusted by an adequate user fee, if we cannot effect another remedy at a reasonable with pdf-attachment. We will provide the customer with the access data required to access expense. the ordered Product(s) with two (2) days as of the execution of the Contract. 7.4 pon our request, the Customer shall assist us with the defense against claims according to U 3. TERMS OF PAYMENT this section 7, with us reimbursing the Customer for any expenditures and costs incurred as 3.1 The contractually negotiated prices are to be derived exclusively from the Order Form and/or a result, although each of the Parties bears the costs of the use of its own personnel. the documents referenced therein. 7.5 Claims the Customer may hold for legal defects expire in accordance with Section 6.4. 3.2 prices are net and without transportation costs, if applicable. Value Added Tax, if applica- All 7.6 Claims for damages and the reimbursement of expenditures are further subject to Section 8. ble, at the statutory rate shall be added to all fees payable hereunder. 8. LIABILITY 3.3 may demand an additional fee for services that go beyond the scope as agreed under the We 8.1 cases of intentional misconduct and gross negligence, we are fully liable pursuant to In Order Form in case such additional Products are requested by the customer. applicable law. 3.4 will send our invoice to the customer upon execution of the Contract, unless agreed We 8.2 Our liability in cases of simple negligence is limited as follows: we are liable only if and to otherwise in the Order Form. In the event that the customer orders our Product “Full Access the extent that we violated a material contractual obligation (cardinal obligation) – i.e., an Global E-Commerce Reports”, we will send our invoice for the first contract year upon exe- obligation that (i) the Customer reasonably relied upon at execution of the applicable Order cution of the Contract and the invoice(s) for any subsequent contract year(s), if any, upon Form and (ii) was of critical significance to the outcome of performance. As regards property commencement of any subsequent contract year. damage and financial loss, such liability is limited to typical and foreseeable damages; in no 3.5 payments shall be due and payable within thirty (30) days following the date of our All event will we be liable for any incidental, special, punitive or consequential damages, loss of invoice without any deductions. The customer will be in default one day after the expiry date profits or loss of data in such case. without any further warning notice being required. 8.3 Our liability for damages under warranties (Beschaffenheitsgarantien) is limited to instances 3.6 customers‘ rights of retention or set-off are hereby excluded to the extent that they are All in which the warranty expressly includes such liability. not based on the same contractual relationship. Retentions or set-offs are allowed only if the 8.4 Claims for the reimbursement of expenditures and other liability claims asserted by the customer‘s claim is nondisputed or has become unappeasable. Customer against us are subject to sections 8.1 through 8.3. 3.7 the event of a customer‘s default in payment or other apparent credit unworthiness, all In 9. CONFIDENTIALITY remaining claims against that customer shall become immediately due and payable in full. 9.1 he Parties shall hold in strict confidence for an indefinite period of time all data and T We shall then be entitled to rescind payment terms previously agreed upon and to demand information materials of which they gain knowledge as part of a Contract, be it orally, in payment in advance or other appropriate security with respect to pending deliveries. A writing or otherwise, directly or indirectly, provided that such data or information materials customer shall be deemed unworthy of credit in particular when he files a petition in ban- are designated confidential or must be considered confidential based on their nature, and kruptcy or composition proceedings. shall use them exclusively as part of the services covered by the relevant Order. This duty of 4. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITIES confidentiality excludes data and information materials that: 4.1 copyrights and other intellectual property rights in connection with our Products remain All a) were already known or accessible to any third party at the time of disclosure; with us. All data carriers remain our property. The customer may not modify, publish, trans- b) ne of the parties legitimately receives from a third party following disclosure, and such o mit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or third party is not bound by a duty of confidentiality in relations with the other Party; in any way exploit any of the Products made available by us, in whole or in part, except as c) ust be disclosed by order of and to a government agency or another competent third m expressly permitted under the Contract. party; and 4.2 Upon delivery of the Products to the customer and payment of the agreed fee, the customer d) ust be disclosed to legal or tax advisors of the contractual customer in question for m obtains a non-exclusive, non-transferable, perpetual, worldwide right to use the Products consulting purposes. provided to the customer for its internal purposes or any additional purposes set out in the the cases of Sections c) and d), the parties shall (i) promptly inform each other about a In Order Form. A right to resell our Products requires our prior written approval. given request and prior to disclosing confidential information, and (ii) limit the disclosure of 4.3 the event that the parties agree on a “Single User License” under the Order Form, this In confidential information to the minimum required. means that only one individually named user of an organization shall be entitled to access 9.2 may use the Customer as a reference so long as no contractual details are divulged. We the report. In the event that the parties agree on a “Site License” under the Order Form, this 10. JURISDICTION, GOVERNING LAW, MISCELLANEOUS means that all users within a given geographical location (as specified in the Order Form) 10.1 lace of payment is Hamburg, Germany. P of an organization shall be entitled to access the report. In the event that the parties agree 10.2 ll disputes arising from or in connection with any Contract between the parties shall be A on a “Global Site License”, this means that all worldwide users of an organization shall be resolved through the courts of Hamburg. Governing law is German law. yStats.com GmbH Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats