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SAP SE

Interim / Quarterly Report Oct 30, 2009

365_10-q_2009-10-30_bf4d9221-a506-4053-ba11-83b996355e43.pdf

Interim / Quarterly Report

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SAP Interim Report JANUARY – SEPTEMBER 2009

TABLE OF CONTENTS

INTRODUCTORY NOTES 3
QUARTERLY FINANCIAL REPORT (CONDENSED AND UNAUDITED)
Interim Review of SAP Group Operations 4
Consolidated Interim Financial Statements - IFRS 14
ADDITIONAL FINANCIAL INFORMATION
U.S. GAAP and Non-GAAP Financial Data (Condensed and Unaudited) 34
Explanations of Non-GAAP and Non-IFRS Measures 45
Significant Differences between IFRS and U.S. GAAP and their effect on SAP's Financial Statements
for the first nine months 2009 49
ADDITIONAL INFORMATION
Financial Calendar, Investor Services, Addresses, and Imprint 56

INTRODUCTORY NOTES

This interim group report meets the requirements of German Accounting Standard No. 16 "Zwischenberichterstattung" (DRS 16). We prepared the financial data in the "Quarterly Financial Report (Condensed and Unaudited)" section for SAP AG and its subsidiaries in accordance with International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board (IASB) and related interpretations issued by the International Reporting Interpretations Committee (IFRC) endorsed by the European Union (EU) on September 30, 2009. The "Additional Financial Information" section provides financial information in accordance with generally accepted accounting principles in the United States of America (U.S. GAAP), non-GAAP and non-IFRS financial information, and explanations about the significant differences between U.S. GAAP and IFRS and their effect on the SAP Group.

All of the information in this interim report is unaudited. This means the information has been subject neither to any audit nor to any review by an independent auditor.

The U.S. GAAP and non-GAAP financial data in the "Additional Financial Information" section is unchanged from our press release of October 28, 2009.

INTERIM REVIEW OF SAP GROUP OPERATIONS (UNAUDITED)

FORWARD-LOOKING STATEMENTS

This report contains forward-looking statements that are based on our beliefs and assumptions made using information currently available to us. Any statements contained in this report that are not historical facts are forward-looking statements as defined in the U.S. Private Securities Litigation Reform Act of 1995. We have based these forward-looking statements on our current expectations, assumptions, and projections about future conditions and events. As a result, our forward-looking statements and information are subject to uncertainties and risks. A broad range of uncertainties and risks, many of which are beyond our control, could cause our actual results and performance to differ materially from any projections expressed in or implied by our forward-looking statements. The risks and uncertainties include, but are not limited to: economic conditions in general and trends in our business, particularly the current global economic crisis, the general global economic uncertainty, and any further deterioration of current conditions; claims and lawsuits against us; our ability to use intellectual property; the success of our new SAP Enterprise Support services; and other risks and uncertainties. We describe these risks and uncertainties in the Risk Factors and Risk Management section of our Annual Report 2008. The words "anticipate," "believe," "continue," "counting on," "is confident," "estimate," "expect," "forecast," "guidance," "intend," "may," "outlook," "plan," "project," "predict," "seek to," "should," "strategy," "want," "will," "would," and similar expressions as they relate to us are intended to identify such forward-looking statements. Such forward-looking statements and information include, for example, the quantitative and qualitative disclosures about market risk pursuant to IFRS 7 and related statements in Note 12 in the IFRS Consolidated Interim Financial Statements, our outlook guidance, and other forward-looking information appearing in other parts of this interim report. The factors that could affect our future financial results are discussed more fully in our filings with the U.S. Securities and Exchange Commission (SEC), including among others our Annual Report on Form 20-F for fiscal year 2008. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this review. We undertake no obligation to publicly update or revise any forward-looking statements as a result of new information, future events, or otherwise.

NON-IFRS-BASED FINANCIAL INFORMATION

We show and explain the reconciliation from IFRS measures to U.S. GAAP measures and to non-GAAP and non-IFRS measures in the "Additional Financial Information" section.

MARKET DEVELOPMENT IN THE FIRST NINE MONTHS 2009

GLOBAL ECONOMY

2009 has witnessed the deepest recession since World War II. However, the International Monetary Fund (IMF), the European Central Bank (ECB), and the Organisation for Economic Co-operation and Development (OECD) have all observed that the global economy is gradually recovering again. The emerging and developing economies were showing the advanced countries the way forward in the third quarter, according to the IMF and the ECB. The IMF sees massive government support efforts in the advanced and emerging economies as the chief source of resurgence.

Both the IMF and the ECB believe that the Europe, Middle East, and Africa (EMEA) regional economy contracted more slowly in the third quarter than in the first half of the year. According to the ECB, the euro area is benefiting from increased exports, the effects of government economic stimulus packages, and the recuperating financial system. Especially Germany, with its export-driven economy having been seriously affected by the global economic crisis, is now profiting from the nascent recovery, according to the IMF.

The ECB believes parts of the Central and Eastern Europe region turned the corner from economic decline to growth in the course of the third quarter. The IMF notes that rising oil prices are helping the economy of the Middle East region. On the other hand, recovery in Africa has so far been sluggish.

In the Americas region, there are signs of recovery that the recession is also coming to an end: Ever more signs of economic recovery are apparent in the United States, encouraged, in the view of the IMF, by government support programs. The ECB's projection has the U.S. economy still contracting slightly in the third quarter, but becoming more stable overall, and thus outperforming the forecast made in the previous quarter. The economies of the Latin America and Caribbean regions are also benefiting from the improved global prospects, and are slowly recovering from the recession, the IMF and the ECB report.

In the export-oriented countries in the Asia Pacific Japan (APJ) region, the effect of the economic crisis was particularly severe, but in the third quarter demand was growing at home and exports were also rising, according to the IMF. The IMF and the ECB report that even Japan, which had been severely affected, saw the beginnings of modest growth. In the emerging economies of Asia, on the other

INTERIM REVIEW OF SAP GROUP OPERATIONS 5

hand, the ECB observes that while home demand was developing apace as a result of government programs, foreign trade was growing only slowly – and consequently so were the economies as a whole.

THE IT MARKET

U.S. IT market analyst International Data Corporation (IDC) reports that the global IT market bottomed in the third quarter of 2009. It observes that all segments of the market contracted in all regions from the second-quarter levels. However, IDC made less pronounced downward adjustments to its forecasts for the full year than it did in the previous two quarters.

IDC observes that this applied to the applications software segment and across the wider software sector as a whole. IDC is more pessimistic about expectations for 2009 in the IT services segment, where it says the recession has only just begun to bite.

IDC believes the IT market in the EMEA region contracted still further in the third quarter as a result of the economic situation. It expects spending on IT services in particular to have declined in Germany because fewer and smaller new contracts were concluded. Prices also came under greater pressure on the German market than previously.

IDC reports that the first signs of stabilization were in evidence on the Americas region market in the third quarter. However, the deep recession continued to act as a brake on investment plans in the region. Consequently, IDC expects IT spending to decline in the Americas as elsewhere – most notably, however, in the hardware and services segments. It believes the U.S. market was recovering, albeit slowly, but that progress was still being hampered by the strength of the dollar.

According to the IDC, there were two distinct trends in the APJ region in the third quarter: There was continued pressure on IT spending in mature economies, especially in Japan. However, the emerging and developing economies were showing early indications of recovery – most markedly in India and China, where government support measures proved successful.

CONTRIBUTION OF THE THIRD QUARTER AND THE FIRST NINE MONTHS 2009 TO THE OPERATIONAL TARGETS (NON-GAAP)

Key Figures - SAP Group Third Quarter 2009 (Non-GAAP)

In € millions, unless otherwise stated Q3 Q3 Change Change in %
2009 2008
Non-GAAP software and software-related service revenue
(constant currency) 1,940 2,035 -95 -5
Non-GAAP total revenue (constant currency) 2,510 2,802 -292 -10
Non-GAAP operating income (constant currency) 682 731 -49 -7
Non-GAAP operating margin in % (constant currency) 27.2 26.1 1.1 pp 4
Non-GAAP EPS attributable to shareholders of SAP AG – basic in € 0.41 0.40 0.01 2

Key Figures - SAP Group First Nine Months 2009 (Non-GAAP)

€ millions, unless otherwise stated 1/1/- 1/1/- Change Change in %
9/30/2009 9/30/2008
Non-GAAP software and software-related service revenue
(constant currency) 5,561 5,931 -370 -6
Non-GAAP total revenue (constant currency) 7,379 8,219 -840 -10
Non-GAAP operating income (constant currency) 1,788 1,931 -143 -7
Non-GAAP operating margin in % (constant currency) 24.2 23.5 0.7 pp 3
Non-GAAP EPS attributable to shareholders of SAP AG – basic in € 1.03 1.10 -0.07 -6

Operational Target for 2009 (Non-GAAP) We expressed our operating targets for 2009 in non-GAAP terms derived from U.S. GAAP measures. For this reason, the following review for the first quarter and the first nine months 2009 discusses the achievement of our non-GAAP financial measures. For a reconciliation and explanation of our IFRS, U.S. GAAP and non-GAAP financial measures see the "Additional Financial Information" section.

In April 2009, we reaffirmed our outlook of the beginning of 2009, targeting our 2009 non-GAAP operating margin, which excludes a nonrecurring deferred support revenue writedown from the acquisition of Business Objects and acquisition-related charges, to be in the range of 24.5% to 25.5% at constant currencies. That included nonrecurring restructuring costs of between €200 million and €300 million that we expected to incur as we reduce our workforce and that we expect will negatively impact our non-GAAP operating margin by approximately 2 to 3 percentage points.

Due to the development of results in the first half of 2009 we changed our outlook in July 2009 and particularly increased our expectations of our non-GAAP operating margin, which excludes a nonrecurring deferred support revenue writedown from the acquisition of Business Objects and acquisition-related charges, to a range of 25.5% to 27.0% at constant currencies. That included nonrecurring restructuring costs of €200 million that we expected to incur as we reduce our workforce and that we expect will negatively impact our non-GAAP operating margin by approximately 2 percentage points.

The operating margin (non-GAAP) increased in the third quarter of 2009 compared to the prior year's third quarter by 0.8 percentage points to 26.9% (Q3 2008: 26.1%). The operating margin (non-GAAP) increased at constant currencies by 1.1 percentage points to 27.2%. The operating margin (non-GAAP) increased in the first nine months of 2009 compared to the prior year's first nine months by 0.5 percentage points to 24.0% (2008: 23.5%). This includes nonrecurring restructuring expenses in connection with the reduction of our workforce of €186 million (non-GAAP), which negatively impacted the operating margin (non-GAAP) by 2.5 percentage points. The operating margin (non-GAAP) increased at constant currencies by 0.7 percentage points to 24.2%.

At the beginning of 2009 our non-GAAP operating margin outlook was based on the assumption that our 2009 non-GAAP software and software-related service revenue, which excludes a nonrecurring deferred support revenue writedown from the acquisition of Business Objects, will decline not more than 1% at constant currencies (2008: €8,623 million).

In July 2009 we changed our assumption to the effect that our 2009 non-GAAP software and software-related service revenue, which excludes a nonrecurring deferred support revenue write-down from the acquisition of Business Objects, will decline between 4% and 6% at constant currencies (2008: €8,623 million).

In the third quarter of 2009, our software and softwarerelated service revenue declined by 5% to €1,937 million compared to the third quarter of 2008 (Q3 2008: €2,035 million). Excluding currency effects our software and software-related service revenue decreased by 5% to €1,940 million. In the first nine months of 2009, our software and software-related service revenue, which excludes a nonrecurring deferred support revenue write-down of €11 million from the acquisition of Business Objects, declined by 5% to €5,643 million compared to the first nine months of 2008 (2008: €5,931 million). Excluding currency effects our software and software-related service revenue decreased by 6% to €5,561 million.

Based on these results and on our current expectations for the remaining year 2009 we confirmed in October 2009 our outlook regarding the operating margin but decreased our revenues assumption. For details regarding the changed outlook, see the section "Future Development of SAP".

BUSINESS IN THE THIRD QUARTER 2009 (IFRS)

Key Figures - SAP Group Third Quarter 2009 (IFRS)

In € millions, unless otherwise stated Q3 Q3 Change Change in %
2009 2008
Software revenue 525 764 -239 -31
Support revenue 1,333 1,169 164 14
Software and software-related service revenue 1,937 1,996 -59 -3
Total revenue 2,508 2,763 -255 -9
Operating profit 619 590 29 5
Operating margin in % 24.7 21.4 3.3pp 15
Profit before income taxes 562 572 -10 -2
Profit after income taxes 447 385 62 16
Employees, full-time equivalents (September 30) 47,810 51,970 -4,160 -8
Days of sales outstanding (September 30) 78 71 7 10
EPS attributable to shareholders of SAP AG – basic in € 0.38 0.32 0.06 19

In the sections that follow, our revenues, expenses, income, and financial position are discussed in detail only in terms of IFRS measures, so the numbers are not explicitly identified as IFRS measures.

RESULTS (IFRS)

Revenue (IFRS)

Our software and software-related service revenues were in the third quarter of 2009 €1,937 million (Q3 2008: €1,996 million), a decrease of 3%. Total revenues were €2,508 million (Q3 2008: €2,763 million), a decrease of 9%.

Software revenues were €525 million (Q3 2008: €764 million), a decrease of 31%.The decrease is the result of the difficult operating environment worldwide due to the continued global economic downturn.

In the third quarter of 2009, we concluded major contracts in several key regions including Dagrofa/SuperGros, Prada S.p.A., SeverStal OAO, Surgutneftegaz OAO, Swiss Life AG, and Telefonica, S.A. in the EMEA region; Banco Industrial S.A., ConocoPhillips, Dolby Laboratories, Fairfax County, Research In Motion Limited, and Valero Services Inc. in the Americas region; and APL Co. Pte. Ltd, Department of Foreign Affairs and Trade, Australia, HDFC Standard Life Insurance Co Ltd, Philippine Long Distance Telephone, Samchully Co., Ltd., and Taiwan Power Company in the Asia Pacific Japan region.

Operating Results (IFRS)

Our operating income was in the third quarter of 2009 €619 million (Q3 2008: €590 million), an increase of 5%. This

operating income was negatively impacted by restructuring expenses of €10 million resulting from the previously announced reduction of positions, which are expected to be €200 million for 2009. The third quarter 2009 operating income was also affected by non-recurring items, particularly litigation expenses and profit resulting from reversals of provisions recorded in the accounting for the acquisition of Business Objects. The net effect of these non-recurring items was an increase in operating income of €2 million.

Our operating margin was 24.7% (Q3 2008: 21.4%), an increase of 3.3 percentage points. The €10 million in restructuring expenses negatively impacted the operating margin by 0.4 percentage points.

The profit after income taxes was €447 million (Q3 2008: €385 million), an increase of 16%. The profit after income taxes was slightly impacted by restructuring expenses.

The basic earnings per share attributable to shareholders of SAP AG were €0.38 (Q3 2008: €0.32), an increase of 19%. The basic earnings per share attributable to shareholders of SAP AG were also slightly impacted by restructuring expenses.

The effective tax rate in the third quarter of 2009 was 20.5% (Q3 2008: 32.7%). The decrease mainly results from nonrecurring acquisition-related items which positively impacted the Q3 2009 tax rate by approximately 11.5 percentage points.

BUSINESS IN THE FIRST NINE MONTHS 2009 (IFRS)

Key figures - SAP Group First Nine Months 2009 (IFRS)

€ millions, unless otherwise stated 1/1/- 1/1/- Change Change in %
9/30/2009 9/30/2008
Software revenue 1,487 2,284 -797 -35
Support revenue 3,922 3,332 590 18
Software and software-related service revenue 5,632 5,800 -168 -3
Total revenue 7,482 8,087 -605 -7
Operating profit 1,567 1,498 69 5
Operating margin in % 20.9 18.5 2.4pp 13
Profit before income taxes 1,445 1,483 -38 -3
Profit after income taxes 1,069 1,015 54 5
EPS attributable to shareholders of SAP AG – basic in € 0.90 0.85 0.05 6

RESULTS (IFRS)

Revenue (IFRS)

Our software and software-related service revenues were in the first nine months of 2009 €5,632 million (2008: €5,800 million), a decrease of 3%. Total revenues were €7,482 million (2008: €8,087 million), a decrease of 7%.

Software revenues were €1,487 million (2008: €2,284 million), a decrease of 35%.

Operating Results (IFRS)

Our operating income was in the first nine months of 2009 €1,567 million (2008: €1,498 million), an increase of 5%. The operating income was negatively impacted by restructuring expenses of €193 million resulting from the previously announced reduction of positions, which are expected to be €200 million for 2009.

Our operating margin was 20.9% (2008: 18.5%), an increase of 2.4 percentage points. The €193 million in restructuring expenses negatively impacted the operating margin by 2.6 percentage points.

The profit after income taxes was €1,069 million (2008: €1,015 million), an increase of 5%. The profit after income taxes was also negatively impacted by restructuring expenses.

The basic earnings per share attributable to shareholders of SAP AG were €0.90 (2008: €0.85), an increase of 6%. The restructuring expenses negatively impacted the basic earnings per share from continuing operations by €0.11.

The effective tax rate in the first nine months of 2009 was 26.0% (2008: 31.6%). The decrease mainly results from nonrecurring acquisition-related items which positively impacted the tax rate for the first nine months of 2009 by approximately 4.5 percentage points.

FINANCIAL POSITION (IFRS)

Operating cash flow for the first nine months of 2009 was €2,362 million (2009: €1,949 million).

On September 30, 2009, our group liquidity, comprising cash and cash equivalents in the amount of €2,414 million (December 31, 2008: 1,277 million), restricted cash in the amount of €1 million (December 31, 2008: €3 million) and short-term investments in the amount of €625 million (December 31, 2008: €382 million), totaled €3,040 million (December 31, 2008: €1,662 million). This increase in comparison to December 31, 2008, was primarily due to a positive operating cash flow. At September 30, 2009, net liquidity, defined as total group liquidity less bank liabilities, was €925 million.

Total assets stood at €14,015 million on September 30, 2009, an increase of 1% from €13,900 million on December 31, 2008. The increase of total assets resulted among other things from the placement of a "Schuldschein" (private placement transaction) in the amount of approximately €700 million on the euro denominated capital markets in first half of 2009 increasing our group liquidity and liabilities. On the contrary, accounts receivable decreased due to lower revenues and financial liabilities decreased due to the repayment of the loan agreed upon to finance the Business Objects acquisition.

In September 2009 we entered into a €1.5 billion three year revolving credit facility refinancing the €1.0 billion syndicated revolving credit facility agreement, which would have expired in November 2009. The facility, which was launched at €1.0 billion, was oversubscribed leading to the expansion to €1.5 billion. This syndicated facility is available for general corporate purposes in addition to the bilateral facilities that we have in place. We have no plans to draw on the new facility at present.

RESEARCH AND DEVELOPMENT, PRODUCTS (IFRS)

Research and development (R&D) expenses decreased by 8% to €1,120 million in the first nine months of 2009 compared to €1,221 million of the first nine months of 2008. This decrease is mainly due to lower expenses for externally procured development services, lower travel expenses and headcount reduction. Underscoring our commitment to development, the amount we spent on R&D as a percentage of total revenue in the first nine months of 2009 was unchanged 15% (first nine months 2008: 15%). The high R&D quotient reflects our engagement in development. The number of full-time equivalent (FTE ) employees working in development teams declined slightly as of September 30, 2009 compared to September, 30 2008 by 4% to 14,888 (September 30, 2008: 15,458; December 31, 2008: 15,547).

Our research, development, and product efforts were rewarded with the following achievements:

In February, SAP and Landis+Gyr, one of the world's premier metering solutions providers, announced the signing of a software development cooperation agreement for the integration of Landis+Gyr's advanced metering infrastructure with the SAP for Utilities solution portfolio using enterprise services. The integration will enable certain end-to-end business processes – from the meter to the business applications – and deliver a new level of transparency and availability of energy data that can enable higher process and energy efficiency for energy utilities.

In mid-February we announced the availability of SAP BusinessObjects XBRL Publishing application by UBmatrix, a new eXtensible Business Reporting Language (XBRL) application that enables customers to communicate financial and business information, which is required by authorities such as the SEC in the United States and HM Revenue & Customs in the United Kingdom.

In March, we announced that we will integrate pre-configured SAP BusinessObjects solutions into SAP Business All-in-One solutions. As part of these enhancements, business intelligence functionality from the SAP BusinessObjects portfolio is intended to be included in SAP Business All-in-One, providing customers with instant access to trusted and timely data.

Also in March, we announced we will collaborate with Intel to optimize SAP Business One applications on Intel Xeon Processor-based systems to enable small businesses to lower cost by achieving faster time to value of their IT investments. SAP and Intel intend to encourage original equipment manufacturers (OEM) and solution providers to create industry-specific bundles to leverage the results of this collaboration.

SAP and Sybase, an industry leader in delivering enterprise and mobile software, in March announced a partnership centered around co-innovation that will change how users

access critical business information anytime, anywhere. The two companies are co-innovating and collaborating to deliver the new SAP Business Suite software for the first time to iPhone, Windows Mobile, BlackBerry, and other devices by integrating it with Sybase's industry-leading mobile enterprise application platform.

In mid-March, we announced a new version of the SAP BusinessObjects Global Trade Services application, part of the SAP BusinessObjects governance, risk, and compliance (GRC) family of solutions. Combined with the SAP BusinessObjects Risk Management application, also an SAP BusinessObjects GRC solution, the new application automates regulatory compliance across numerous trade processes such as logistics and order fulfilment, helping customers to identify and mitigate supply chain risk easily, quickly, and effectively.

At the end of April, SAP and the SAP User Group Executive Network (SUGEN) announced an agreement on a defined list of key performance indicators that will be used to measure the success of SAP Enterprise Support services. Also announced was the rollout of a joint benchmarking program that will use key performance indicators to define and measure how SAP customers derive value from SAP Enterprise Support. We agreed to postpone the subsequent price increase schedule for SAP Enterprise Support until the targeted improvements measured by a specific SUGEN KPI Index are met.

In May, we announced SAP BusinessObjects Explorer, which we believe is a groundbreaking new software that brings together search and navigation capabilities from the SAP BusinessObjects portfolio with SAP NetWeaver Business Warehouse Accelerator software, enabling customers to navigate mountains of business data at the speed of thought and giving them a clear view across their organizations.

In May, we announced the general availability to customers worldwide of SAP Business Suite 7. Our next-generation software suite aims to help businesses to optimize their performance and reduce IT cost. SAP Business Suite is designed to ease upgrades and help customers reduce IT costs with enhancement packages, gain stronger insights with select analytics capabilities from the SAP BusinessObjects portfolio, and achieve end-to-end process excellence through the modular deployment of industry best practices and service-oriented architecture (SOA).

In mid June, we announced the first details of our on-demand strategy for large enterprises. Dedicated to our installed customer base, on-demand software for large enterprises from SAP is planned to consist of function-specific software applications, available by subscription, which plug directly into a customer's on-site SAP Business Suite software.

In mid July, we announced enhancements to SAP BusinessObjects Data Services and SAP BusinessObjects Data Federator software, part of SAP BusinessObjects

information management (IM) solutions. These solutions support both SAP and non-SAP IT environments, and now have expanded support for SAP customers with integration with the SAP NetWeaver Business Warehouse.

At the end of July, we announced the availability of feature pack 2.0 for SAP Business ByDesign, specifically designed for midsize companies. The new feature pack significantly expands functionality and provides more value to customers by offering business support for 35 end-to-end process scenarios through an on-demand solution. By now more than 100 charter clients work with SAP Business ByDesign in important markets like Germany, the United Kingdom, France, the United States, China and India.

At the end of September, we announced that we are working with Microsoft and Accenture to develop a global carbon reporting, benchmarking, and analytics system for the Carbon Disclosure Project (CDP), the world's largest carbon reporting initiative.

EMPLOYEES

At the end of January 2009, we announced our intention to reduce our workforce from 51,544 to 48,500 positions worldwide by the end of 2009 to enable SAP to adapt its size to today's market conditions and the effects of the global recession. Accordingly, in the first nine months of 2009, SAP reduced the workforce by 3,734 full-time equivalents. At the end of the third quarter of 2009, our total worldwide headcount was 47,810 (September 30, 2008: 51,970, December 31, 2008: 51,544). Thereof six full-time equivalents derive from our subsidiary TomorrowNow, whose operations were wound down in the fourth quarter of 2008 (September 30, 2008: 107, December 31, 2008: 8). Of those 47,810 employees, 15,043 were based in Germany (September 30, 2008: 15,455, December 31, 2008: 15,582).

One of SAP's greatest achievements as a company is that we are continuously recognized as an attractive employer by employees who perceive SAP a great place to work. An employer of choice drives a values-driven culture that is respected and admired throughout the industry. Employees play a major role in defining an employer of choice as it reflects their identification with the respective company and their desire to consciously support the goals and strategies that will make their chosen company successful. These are examples of recent awards and recognition we gained in the first nine months of 2009:

• SAP AG has been named one of the Best Companies to Work for in Germany, ranking second in the category Big Enterprise with More Than 5,000 Employees in the 2009 list compiled by the Great Place to Work Institute in Germany. The Institute also presented us special awards for Diversity and Development of Older Employees.

  • For the third year in a row, SAP Japan has been chosen as one of the top 25 Japanese firms in the Great Place to Work for in Japan survey.
  • SAP was ranked among the best workplaces in Finland by the Great Place to Work Institute in Finland (eight out of 20 short-listed companies in category for companies with 50 to 500 employees).
  • SAP México achieved 10th place in Mexico in the prestigious business magazine CNN Las Super Empresas (The Best Enterprises) ranking.
  • In June, SAP Hungary was named as a Best Workplace for Women by The Association for Women's Career Development in Hungary, sharing the top honor with another Hungarian company in the category of Hungarian companies with more than 250 employees.

COMPANY ORGANIZATION

Henning Kagermann, Co-CEO of SAP, left SAP in May 2009 at his own request after 27 years with SAP and 18 years on the Executive Board. Since June 2009, Léo Apothker is the sole CEO of SAP.

Claus Heinrich, a member of our Executive Board, left SAP in May 2009 at his own request after 21 years with SAP and 13 years on the Executive Board. Until the end of 2008, his fields of responsibility included SAP's own IT, the optimization of our internal business processes, and the worldwide SAP Labs network. He was also responsible for global human resources and labor relations. On January 1, 2009, Erwin Gunst succeeded Claus Heinrich as director of labor relations.

In March, we announced a long-term strategic focus on sustainability, covering both our own operations and customer solutions for more sustainable business practices. As one measure to implement our strategy, we, together with TechniData AG, unveiled expanded solutions for environment, health, and safety (EHS) management to help our customers with their sustainability efforts. Also in order to implement our strategy we will demonstrate our commitment to sustainable operations internally. We announced that we will reduce our greenhouse gas emissions to our year-2000 levels by the year 2020. And, moving forward, we announced that our sustainability efforts will be led by a newly formed cross-functional sustainability organization headed by our first chief sustainability officer.

In mid-May, we published our first Sustainability Report, detailing its activities in support of its ongoing strategic commitment to deliver superior sustainability solutions to customers and improve its own sustainability performance. SAP announced that it reduced its total corporate carbon footprint by 6.7% in 2008 compared to 2007.

ACQUISITIONS

In May, we acquired substantially all of the assets of Sky Data Systems Inc., a privately held company headquartered in the United States. The company specializes in mobile CRM solutions.

In June, we acquired Clear Standards Inc., a privately held company headquartered in the United States. This acquisition is part of our ongoing strategic commitment to improve our own sustainability performance and deliver superior sustainability solutions to customers. Clear Standards specializes in enterprise carbon management solutions and helps organizations to accurately measure, optimize, and report greenhouse gas (GHG) emissions and other environmental impacts across internal operations. With this move, we expect to accelerate our ability to help our customers meet the carbon management requirements in this time of increasingly stringent government regulations and expectations for better transparency by the public.

In June, we acquired Highdeal S.A., a privately held company headquartered in France. Highdeal delivers sophisticated pricing and charging solutions designed to support communication service providers. The combination of SAP and Highdeal is intended to provide SAP customers with a business process platform which enables customers to handle prepayment scenarios with real-time account balance checks.

In September, we acquired the majority shareholding in the swiss public enterprise SAF. SAF specializes in the development of ordering and forecasting software for the retail, logistics and industrial sectors. The company employs the innovative conceptual demand chain management approach that allows the process chain to be controlled and optimized by its central driving force – the customer's buying behavior. SAF offers three core software products: SAF SuperStore and SAF SuperWarehouse, targeted at automated goods replenishment for the retail sector, and SAF SuperForecast which can be used for forecast-based planning across all industries. Through the takeover, SAP further extends and complements its current planning, forecasting and replenishment solution portfolio for retail and wholesale companies. Core components of the SAF software have been embedded into the SAP for Retail solutions since 2002. The takeover of the majority shareholding in SAF aims to foster the innovative power of both companies providing more SAP customers with SAF technology.

SAP SHARE AND MARKET CAPITALIZATION

SAP AG common shares are listed on the Frankfurt Stock Exchange as well as a number of other German exchanges. In the United States, SAP's American Depositary Receipts (ADRs), each representing one common share, trade on the New York Stock Exchange under the symbol "SAP". SAP is a component of several indices, including the German blue

chip index DAX, and the Dow Jones EURO STOXX 50 blue chip index.

SAP stock closed on September 30, 2009, at €33.28 (XETRA). That meant our market capitalization was approximately €40.8 billion at the end of the first nine months of 2009, based on 1,226 million shares outstanding. The stock price had increased 31.9% since the close of 2008. The DAX increased 18.0% during the first nine months, and the Dow Jones EURO STOXX 50 17.4%. The S&P North Software-Software IndexTM (which is the successor of the GSTI Software Index) increased 36.9% over the same period. The new Technology Peer Group Index (TechPGI Index) also gained 36.9% since the close of 2008. The TechPGI Index is a price index that consists of 10 major companies in the technology sector, some of which are SAP's direct competitors for software and IT (ISIN DE000A0YKR94).

In the first nine months of 2009 we did not acquire any treasury shares. Employees who exercised stock options under SAP's share-based compensation programs acquired 1,011,638 shares. On September 30, 2009, SAP held treasury stock in the amount of 37 million shares (approximately 3.1% of total shares outstanding) at an average price of €35.43 per share.

For the 2008 fiscal year, SAP shareholders received a dividend of €0.50 per share (previous year: €0.50) in May 2009. With a dividend payout ratio of 32% (previous year: 31%), a total of €594 million was paid out to shareholders (previous year: €594 million).

Additional information about the SAP common stock is available on Bloomberg under the symbol "SAP GR", on Reuters under "SAPG.F", on Quotron under "SAGR.EU" and on SAP's Web site: www.sap.com.

RISK FACTORS

SAP has a system in place comprising multiple mechanisms across the SAP Group to recognize and analyze risks early and respond appropriately. For any changes in legal risks since our Annual Report 2008, see Note 11 to the IFRS Consolidated Interim Financial Statements. The other risk factors described in detail in the SAP Annual Report 2008 and the SAP Annual Report on Form 20-F for 2008 filed with the SEC continue to be applicable without material changes.

BUSINESS OUTLOOK

FUTURE TRENDS IN THE GLOBAL ECONOMY The IMF, the OECD, and the ECB all report that the global economy is contracting in 2009, but they all expect it to regain some ground toward the end of the year. The IMF expects that the situation will improve a little in 2010 and that global output will begin to grow again. Nonetheless, it warns

that the effect of the financial crisis will long continue to be felt on labor markets and in the financial sector.

In the EMEA region, the IMF expects a slow recovery. Both the ECB and the IMF believe Government stimulus spending and growing exports will bring an end to the recession in Germany and the other euro countries in 2009, and that a hesitant recovery will begin in 2010 in the euro area. In the Middle East and in Africa, the IMF predicts a little growth in 2009 and more significant growth in 2010.

The IMF forecasts that the recovery in the Americas region will pick up pace even before 2009 is out. Nonetheless, it predicts that taking the year as a whole, the economy of the Americas region will lose ground in 2009 and grow only moderately in 2010. The projections for the United States from both the IMF and the ECB are similar: They both say government economic measures will begin to bear fruit toward the end of 2009. The IMF and the ECB expect growth will be limited, because they believe that in 2010 unemployment will rise, the effect of government measures will begin to wear off, and the economies to which the United States exports will grow only slowly.

The IMF also forecasts a return to economic growth in the APJ region by the end of 2009. However, it believes that in 2010 growth will be held back by the slow recovery of the economies to which Asia exports. In addition, the home markets for labor and consumer products will remain slack, so companies' investment levels will be low. That applies especially in the case of Japan: Despite government countermeasures, the IMF believes Japanese output will shrink significantly during 2009. It forecasts lackluster growth in 2010, despite improving export performance. Nor does the ECB see a brighter outlook for the Japanese economy.

All of these projections depend on actual performance of the advanced economies in the months to come. That performance and the correctness of the projections depend in turn on whether governments persevere with current and new stimulus programs. Other uncertain factors include people's confidence in the economy and the banking sector, the trend on the labor markets, and commodity prices.

IT MARKET – THE OUTLOOK

Whereas global spending on IT is declining this year, IDC expects it to recover slightly 2010, due chiefly to government measures in many countries. The spending recovery is expected to be less pronounced in the industrialized countries than in the emerging economies and developing countries. Consequently, IDC has trimmed its projections slightly for 2009 and raised them slightly from 2010.

This year and next, the market for IT services will contract more than previously expected, according to IDC's projections. This is because the average term of new contracts for services is becoming considerably shorter and budgets for them are shrinking significantly. This has lasting

implications for the future, even after other segments begin to move forward again.

Recovery will come more slowly to the EMEA region than elsewhere, chiefly because of the structural conditions and weak labor market. In particular, IDC has revised its projections for the German IT market in 2010, because German businesses remain cautious and are unwilling to invest until improvement in macroeconomic conditions becomes apparent.

In contrast, IDC is now more confident than before about IT sales in the Americas region next year, in view of the improving economic news. However, its projections for the United States remain largely unaltered. Applications is the only segment in which it now expects a little more growth in 2010 than it did before; it has revised its projection for growth in the services segment downward because of the shorter contract terms and reduced budgets.

IPC expects that in the APJ region IT market, there will be a marked difference between the developing and emerging economies and the advanced economies: It foresees modest growth again in the developing and emerging economies in 2009, with India and China leading the way, and double-digit percentage growth in 2010. In contrast, it does not expect the IT market in industrialized nations such as Japan to return to growth until 2010 at the earliest, and any growth would be slight. This is because although industrial production is beginning to grow again there, unemployment remains high and consumer confidence low, impeding vigorous economic recovery.

In its projections, IDC assumes that the many government programs will continue to have a stabilizing effect on the global economy. It believes IT spending growth in 2010 may actually be greater if overall global output expands more than is currently predicted. On the other hand, IDC does not exclude the possibility that the recession might deepen again once the effect of government measures diminishes. That will, it says, depend more than anything on how the labor markets fare in 2010.

FUTURE DEVELOPMENT OF SAP

Cost Containment Measures for 2009 We announced in January and confirmed in July and October, that in order to enable our company to adapt its size to today's market conditions and the broader impact of the global recession, we implemented a global reduction of positions to 48,500 by year-end 2009, taking full advantage of attrition as a factor in reaching this goal, and that we expected at the time the reduction of positions to trigger one-time restructuring expenses of between €200 million and €300 million for 2009. In July, we adjusted this expectation announcing total restructuring expenses for 2009 to be approximately €200 million. The restructuring charge of €193 million (IFRS) and €186 million (U.S. GAAP) recorded in

operating income in the first nine months of 2009 covers the reduction of 2,900 positions.

Business Outlook

We are providing the following outlook for the full-year 2009 based on financial measures derived from U.S. GAAP, adjusted by eliminating currency and certain extraordinary effects. We refer to these measures as constant currency non-GAAP measures. Our outlook for the full-year 2009 has changed from the outlook described in our July 29, 2009, second quarter press release.

We continue to expect our full-year 2009 Non-GAAP operating margin, which excludes a non-recurring deferred support revenue write-down from the acquisition of Business Objects and acquisition-related charges, to be in the range of 25.5% – 27.0% at constant currencies. This includes onetime restructuring charges of €200 million expected to result from the reduction of positions, which negatively impact the Non-GAAP operating margin outlook by approximately 2 percentage points. The 2009 Non-GAAP operating margin outlook is now based on the assumption that 2009 Non-GAAP software and software-related service revenues, which exclude a non-recurring deferred support revenue write-down from the acquisition of Business Objects, will decline in a range of 6% – 8% at constant currencies (2008: €8.623 billion).

We updated our outlook for the 2009 tax rate to 27.0% - 28.0% from the previously expected 2009 tax rate of 29.5% - 30.5% (based on U.S. GAAP income from continuing operations) for 2009 (2008: 30.0%).

Excepting acquisitions, our planned capital expenditures for 2009 will be covered in full by operating cash flow and will chiefly be spent on completing new buildings at various locations.

Among the premises on which this outlook is based are those presented concerning economic development and our expectation that we will not benefit from any positive effects in 2009 from a major acquisition.

CONSOLIDATED INTERIM FINANCIAL STATEMENTS - IFRS (UNAUDITED)

CONSOLIDATED STATEMENTS OF INCOME FOR THE THIRD QUARTER ENDED SEPTEMBER 30

€ millions, unless otherwise stated Notes 2009 2008 Change in %
Software revenue 525 764 -31
Support revenue 1,333 1,169 14
Subscription and other software-related service revenue 79 63 25
Software and software-related service revenue 1,937 1,996 -3
Consulting revenue 484 618 -22
Training revenue 60 104 -42
Other service revenue 20 26 -23
Professional services and other service revenue 564 748 -25
Other revenue 7 19 -63
Total revenue 2,508 2,763 -9
Cost of software and software-related services -414 -393 5
Cost of professional services and other services -436 -582 -25
Research and development -382 -397 -4
Sales and marketing -515 -635 -19
General and administration -133 -157 -15
Restructuring (7) -10 -14 -29
Other income/expense, net 1 5 -80
Total operating expenses -1,889 -2,173 -13
Operating profit 619 590 5
Other non-operating income/expense, net -39 1 < -100
Interest income 9 12 -25
Interest expense -26 -28 -7
Other financial income -1 -3 -67
Share of gain/loss of associates accounted for using the equity
method
0 0 0
Financial income/expense, net -18 -19 -5
Profit before income taxes 562 572 -2
Income taxes (5) -115 -187 -39
Profit after income taxes 447 385 16
– Profit attributable to noncontrolling interests 0 0 0
– Profit attributable to shareholders of SAP AG 447 385 16
Earnings per share attributable to shareholders of SAP AG
– basic in €
(6) 0.38 0.32 19
Earnings per share attributable to shareholders of SAP AG
– diluted in €
(6) 0.38 0.32 19

CONSOLIDATED STATEMENTS OF INCOME FOR NINE MONTHS ENDED SEPTEMBER 30

€ millions, unless otherwise stated Notes 2009 2008 Change in %
Software revenue 1,487 2,284 -35
Support revenue 3,922 3,332 18
Subscription and other software-related service revenue 223 184 21
Software and software-related service revenue 5,632 5,800 -3
Consulting revenue 1,554 1,833 -15
Training revenue 202 322 -37
Other service revenue 67 77 -13
Professional services and other service revenue 1,823 2,232 -18
Other revenue 27 55 -51
Total revenue 7,482 8,087 -7
Cost of software and software-related services -1,200 -1,223 -2
Cost of professional services and other services -1,423 -1,730 -18
Research and development -1,120 -1,221 -8
Sales and marketing -1,590 -1,914 -17
General and administration -395 -478 -17
Restructuring (7) -193 -27 > 100
Other income/expense, net 6 4 50
Total operating expenses -5,915 -6,589 -10
Operating profit 1,567 1,498 5
Other non-operating income/expense, net -62 19 < -100
Interest income 27 54 -50
Interest expense -79 -91 -13
Other financial income -9 3 < -100
Share of gain/loss of associates accounted for using the equity
method
1 0 N/A
Financial income/expense, net -60 -34 76
Profit before income taxes 1,445 1,483 -3
Income taxes (5) -376 -468 -20
Profit after income taxes 1,069 1,015 5
– Profit attributable to noncontrolling interests 1 1 0
– Profit attributable to shareholders of SAP AG 1,068 1,014 5
Earnings per share attributable to shareholders of SAP AG
– basic in €
(6) 0.90 0.85 6
Earnings per share attributable to shareholders of SAP AG
– diluted in €
(6) 0.90 0.85 6
€ millions Notes 9/30/2009 12/31/2008 1/1/2008
Assets
Cash and cash equivalents 2,414 1,277 1,608
Restricted cash 1 3 550
Short-term investments 625 382 498
Other financial assets 132 206 182
Financial assets 757 588 680
Accounts receivable, net 2,097 3,128 2,895
Other assets 93 92 75
Income tax receivables 338 399 283
Prepaid expenses/deferred charges 116 84 78
Assets held for sale 0 0 15
Current assets 5,816 5,571 6,184
Goodwill 4,977 4,975 1,426
Intangible assets, net 954 1,140 405
Property, plant, and equipment, net 1,372 1,405 1,316
At-equity investments 26 21 19
Other investments 75 74 170
Other financial assets 176 167 236
Financial assets 277 262 425
Accounts receivable, net 2 2 3
Other assets 50 39 49
Income tax receivables 67 33 35
Deferred income taxes 465 441 284
Prepaid expenses/deferred charges 35 32 34
Noncurrent assets 8,199 8,329 3,977
Total assets 14,015 13,900 10,161

CONSOLIDATED STATEMENTS OF FINANCIAL POSITION AS OF SEPTEMBER 30 , 2009, DECEMBER 31, 2008, AND JANUARY 1 , 2008

€ millions Notes 9/30/2009 12/31/2008 1/1/2008
Liabilities and total equity
Accounts payable 522 539 715
Income tax payable 264 363 341
Financial liabilities 1,498 2,563 82
Other liabilities 1,111 1,488 1,378
Financial and other liabilities 2,609 4,051 1,460
Provisions 350 248 182
Deferred income* 1,061 623 489
Liabilities held for sale 0 0 9
Current liabilities 4,806 5,824 3,196
Accounts payable 1 5 10
Income tax obligations 188 278 90
Financial liabilities 726 40 6
Other liabilities 47 50 73
Financial and other liabilities 773 90 79
Provisions 207 232 155
Deferred tax liabilities 205 239 123
Deferred income* 65 61 42
Noncurrent liabilities 1,439 905 499
Total liabilities 6,245 6,729 3,695
Common stock, no par value 1,226 1,226 1,246
Treasury stock -1,326 -1,362 -1,734
Additional paid-in capital 316 320 347
Retained earnings* 7,917 7,442 6,913
Accumulated other comprehensive loss -376 -457 -307
Total equity attributable to shareholders of SAP AG 7,757 7,169 6,465
Noncontrolling interests 13 2 1
Total equity (8) 7,770 7,171 6,466
Total liabilities and total equity 14,015 13,900 10,161

* Adjustments to prior year reported numbers are based on the first-time application of IFRIC 13, Customer Loyalty Programmes.

CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME FOR THE THIRD QUARTER ENDED SEPTEMBER 30

€ millions 2009 2008
Profit after taxes 447 385
Currency translation adjustments 18 73
Unrealized holding gains and losses on marketable securities 1 -5
Reclassification adjustments on marketable securities for gains and losses included in profit after taxes 0 0
Net unrealized gains and losses on marketable securities 1 -5
Unrecognized pension cost increase/reduction 3 1
Unrealized gains and losses on foreign currency and interest rate cash flow hedges -11 -65
Reclassification adjustments on foreign currency and interest rate cash flow hedges for gains and losses
included in profit after taxes
22 -17
Net unrealized gains and losses on foreign currency and interest rate cash flow hedges 11 -82
Unrealized gains and losses on STAR hedges 0 6
Reclassification adjustments on STAR hedges for gains and losses included in profit after taxes 0 -3
Net unrealized gains and losses on STAR hedges 0 3
Currency effects from intercompany long-term investment transactions 0 14
Other comprehensive income before deferred taxes 33 4
Deferred taxes on income and expense recognised directly in equity -5 26
Other comprehensive income 28 30
Comprehensive income 475 415
– attributable to noncontrolling interests 0 0
– attributable to shareholders of SAP AG 475 415

CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME FOR NINE MONTHS ENDED SEPTEMBER 30

€ millions 2009 2008
Profit after taxes 1,069 1,015
Currency translation adjustments 47 -3
Unrealized holding gains and losses on marketable securities 2 11
Reclassification adjustments on marketable securities for gains and losses included in profit after taxes 0 1
Net unrealized gains and losses on marketable securities 2 12
Unrecognized pension cost increase/reduction 5 2
Unrealized gains and losses on foreign currency and interest rate cash flow hedges -35 9
Reclassification adjustments on foreign currency and interest rate cash flow hedges for gains and losses
included in profit after taxes
66 -49
Net unrealized gains and losses on foreign currency and interest rate cash flow hedges 31 -40
Unrealized gains and losses on STAR hedges 2 26
Reclassification adjustments on STAR hedges for gains and losses included in profit after taxes -1 -15
Net unrealized gains and losses on STAR hedges 1 11
Currency effects from intercompany long-term investment transactions 6 -4
Other comprehensive income before deferred taxes 92 -22
Deferred taxes on income and expense recognised directly in equity -11 3
Other comprehensive income 81 -19
Comprehensive income 1,150 996
– attributable to noncontrolling interests 1 1
– attributable to shareholders of SAP AG 1,149 995

CONSOLIDATED STATEMENTS OF SHAREHOLDERS' EQUITY AND COMPREHENSIVE INCOME FOR THE NINE MONTHS ENDED SEPTEMBER 30

€ millions Common
Capital
Additio
nal Paid
In Capital
Retained
Earnings
Accumulated
Other
Comprehen
sive
Income/ Loss
Treasury
Stock
Equity
Attribu
table to
Share
holders of
SAP AG
Non
Controlling
Interests
Total
January 1, 2008 prior to IFRS 13
adjustment
1,246 347 6,925 -307 -1,734 6,477 1 6,478
Cumulated difference from the first-time
adoption of IFRIC 13
-12 -12 -12
January 1, 2008 after IFRIC 13
adjustment
1,246 347 6,913 -307 -1,734 6,465 1 6,466
Profit after income taxes 1,014 1,014 1 1,015
Expense recognized directly in equity -22 -22 -22
Income tax on income and expense
recognised directly in equity
3 3 3
Share-based compensation -5 -5 -5
Dividends -594 -594 -594
Cancelation of treasury stock -21 -723 744 0
Treasury stock transactions -4 -380 -384 -384
Convertible bonds and stock options
exercised
1 13 14 14
Other 2 2 2
September 30, 2008 1,226 351 6,612 -326 -1,370 6,493 2 6,495
January 1, 2009 prior to IFRS 13
adjustment
1,226 320 7,454 -457 -1,362 7,181 2 7,183
Cumulated difference from the first-time
adoption of IFRIC 13
-12 -12 -12
January 1, 2009 after IFRIC 13
adjustment
1,226 320 7,442 -457 -1,362 7,169 2 7,171
Profit after income taxes 1,068 1,068 1 1,069
Expense recognized directly in equity 92 92 92
Income tax on income and expense
recognised directly in equity
-11 -11 -11
Share-based compensation -4 -4 -4
Dividends -594 -594 -594
Treasury stock transactions -5 36 31 31
Convertible bonds and stock options
exercised
5 5 5
Other 1 1 10 11

September 30, 2009 1,226 316 7,917 -376 -1,326 7,757 13 7,770

CONSOLIDATED STATEMENTS OF CASH FLOWS FOR NINE MONTHS ENDED SEPTEMBER 30

€ millions 2009 2008
Profit after taxes 1,069 1,015
Adjustments to reconcile profit after taxes to net cash provided by operating activities
Depreciation and amortization 375 413
Gains/losses from at-equity investments -1 1
Losses on disposal of intangible assets and property, plant, and equipment 4 2
Gains on disposal of investments 0 -9
Write-downs of financial assets 8 4
Allowances for doubtful accounts 91 34
Impacts of hedging for cash-settled share-based payment plans 2 -10
Stock-based compensation including income tax benefits 7 22
Excess tax benefit from share-based compensation -1 -14
Deferred income taxes -84 -83
Change in accounts receivable 967 528
Change in other assets 16 97
Change in accrued and other liabilities -612 -531
Change in deferred income 521 480
Net cash provided by operating activities 2,362 1,949
Business combinations, net of cash and cash equivalents acquired -65 -3,767
Repayment of acquirees' debt in business combinations 0 -450
Purchase of intangible assets and property, plant, and equipment -169 -244
Proceeds from disposal of intangible assets and property, plant, and equipment 19 27
Cash transferred to restricted cash 0 -451
Reduction of restricted cash 3 1,000
Purchase of investments -566 -40
Sales of investments 312 521
Purchase of other financial assets -10 -11
Sales of other financial assets 12 12
Net cash used in investing activities -464 -3,403
Dividends paid -594 -594
Purchase of treasury stock 0 -487
Proceeds from reissuance of treasury stock 20 79
Proceeds from issuance of common stock (share-based compensation) 4 13
Excess tax benefit from share-based compensation 0 14
Proceeds from private placement transaction 697 0
Proceeds from short-term and long-term debt 0 3,859
Repayments of short-term and long-term debt -902 -1,521
Proceeds from the exercise of equity-based derivative instruments (STAR hedge) 4 33
Purchase of equity-based derivative instruments (hedge for cash-settled share-based payment plans) 0 -55
Net cash provided by/used in financing activities -771 1,341
Effect of foreign exchange rates on cash and cash equivalents 10 -9
Net change in cash and cash equivalents 1,137 -122
Cash and cash equivalents at the beginning of the period 1,277 1,608
Cash and cash equivalents at the end of the period 2,414 1,486

NOTES TO THE INTERIM FINANCIAL STATEMENTS

A. BASIS OF PRESENTATION

(1) General

The condensed consolidated interim financial statements of SAP AG, together with its subsidiaries (collectively, "we", "our", "SAP", "Group", or "Company"), have been prepared in accordance with International Financial Reporting Standards (IFRS). The designation "IFRS" includes all Standards issued by the International Accounting Standards Board (IASB) and related interpretations issued by the International Financial Reporting Interpretations Committee (IFRIC) endorsed by the European Union (EU).

The consolidated interim financial statements for the period ended September 30, 2009 are in compliance with IAS 34. The quarterly financial statements include condensed balance sheets.

Certain information and footnote disclosures normally included in annual financial statements prepared in accordance with IFRS have been condensed or omitted. We believe that the disclosures made are adequate and that the information is not misleading.

Our business activities are influenced by certain seasonal effects. Historically, our overall revenue tends to be highest in the fourth quarter. Our interim results are therefore not necessarily indicative of results for a full year.

Amounts reported in previous years have been reclassified as appropriate to conform to the 2008 presentation. The restructuring expenses are presented as a separate line item in the income statement to clearly show this effect separately.

These unaudited condensed IFRS consolidated interim financial statements should be read in conjunction with SAP's audited consolidated IFRS financial statements and notes thereto as of December 31, 2008, which are included in SAP's Annual Report 2008.

Due to rounding, numbers presented throughout this document may not add up precisely to the totals we provide and percentages may not precisely reflect the absolute figures.

(2) Scope of Consolidation

The following table summarizes the change in the number of legal entities included in the consolidated financial statements:

Number of Legal Entities Consolidated in the Financial Statements

German Foreign Total
January 1, 2008 23 116 139
Additions 5 68 73
Disposals -6 -19 -25
December 31, 2008 22 165 187
Additions 1 7 8
Disposals 0 -23 -23
September 30, 2009 23 149 172

The additions to our consolidation group reflect foundations of new entities and additions through our business combinations during the first nine months 2009 (for details, see Note 4). The reduction of subsidiaries is due to the fact that we have liquidated non-operating entities and legally integrated operating entities. The changes of the consolidation scope in the prior year derive from foundations, acquisitions, mergers of operating companies, or the liquidation of non-operating entities.

(3) Summary of Significant Accounting Policies

Theses consolidated interim financial statements were prepared based on the same accounting policies as those applied in the Consolidated Financial Statements as of December 31, 2008, with the exceptions described below. Our significant accounting policies are summarized in the notes to the annual financial statements. For further information, refer to our Annual Report 2008.

Newly/Early Adopted Accounting Standards In June 2007, the IFRIC issued IFRIC Interpretation 13, "Customer Loyalty Programmes" (IFRIC 13), which addresses accounting by entities that grant loyalty award credits (such as "points" or "travel miles") to customers who buy goods or services. Specifically, it explains how such entities should account for their obligations to provide free or discounted goods or services to customers who redeem award credits. IFRIC 13 became effective on January 1, 2009 and was required to be applied retrospectively. As a result of the retrospective first-time application, we adjusted the January 1, 2008 retained earnings balance by €12 million. The effect on the consolidated income statements was inconsequential for the first nine months 2009 and 2008, respectively. Additionally, we do not expect the adoption of IFRIC 13 to have a significant impact on our Consolidated Financial Statements going forward.

In January 2008, the IASB issued the revised standards IFRS 3, "Business Combinations" (IFRS 3) and IAS 27 "Consolidated and Separate Financial Statements" (IAS 27). The revisions result in several changes in the accounting for business combinations. One of those changes requires us to expense acquisition-related charges immediately, whereas the previous version of IFRS 3 required capitalization of these charges. Furthermore the revised IFRS 3 provides accounting options with regards to the measurement of noncontrolling interests. We will exercise the option on a

transaction by transaction basis. IFRS 3 and IAS 27 will be effective for fiscal years beginning on or after July 1, 2009, with early adoption permitted. The revisions to IFRS 3 and IAS 27 were endorsed by the European Union in June 2009. SAP has decided to adopt these revisions as of January 1 2009. The adoption of these revisions did not have a significant impact on our Consolidated Financial Statements.

In May 2008, the IASB issued "Improvements to IFRSs" – a collection of amendments to several International Financial Reporting Standards – as part of its program of annual improvements to its standards, which is intended to make necessary, but non-urgent, amendments to standards that will not be included as part of another major project. The amendments resulting from this standard are mainly effective for annual periods beginning on or after January 1, 2009. The adoption of these amendments did not have a significant impact on our Consolidated Financial Statements.

In July 2008, the IFRIC issued IFRIC Interpretation 16, "Hedges of a Net Investment in a Foreign Operation" (IFRIC 16), which provides interpretative guidance on several aspects of hedge accounting. IFRIC 16 will be effective for fiscal years beginning on or after October 1, 2008, with early adoption permitted. IFRIC 16 became effective for SAP in June of 2009 when the European Union endorsed the Interpretation. The adoption of IFRIC 16 did not have an impact on our Consolidated Financial Statements.

New Accounting Standards Not Yet Adopted

In January 2009, the IFRIC issued IFRIC Interpretation 18, "Transfers of Assets from Customers" (IFRIC 18), which clarifies the requirements of IFRS for agreements in which an entity receives from a customer an item of property, plant, and equipment that the entity must then use either to connect the customer to a network or to provide the customer with ongoing access to a supply of goods or services. IFRIC 18 must be applied prospectively to transfers of assets from customers received on or after July 1, 2009, with early adoption permitted. The European Union has not yet endorsed IFRIC 18. We do not expect that the adoption of IFRIC 18 will have a significant impact on our Consolidated Financial Statements.

In March 2009, the IASB issued an amendment to IFRS 7, "Improving Disclosures about Financial Instruments" (IFRS 7). The amendments require enhanced disclosures about fair value measurements and liquidity risk. The amendment is effective for fiscal years beginning on or after January 1, 2009. Earlier application is permitted. The European Union has not yet endorsed these amendments to IFRS 7. The additional disclosures will be mandatory for year-end financial statements only, i.e. a quarterly presentation is not required. However, SAP has decided to voluntarily present some of the required disclosures in these consolidated interim financial statements for the period ending September 30, 2009 (see Note 12). We do not expect that the additional disclosures required under the amendments to IFRS 7 will

have a significant impact on our Consolidated Financial Statements.

In March 2009, the IASB issued "Embedded Derivatives: Amendments to IFRIC 9 and IAS 39" (IFRIC 9). IFRIC 9 amends IFRIC 9, "Reassessment of Embedded Derivatives and IAS 39, Financial Instruments: Recognition and Measurement" to clarify the accounting treatment of embedded derivatives for entities that make use of the reclassification amendment issued by the IASB in October 2008. The reclassification amendment allows entities to reclassify particular financial instruments out of the fair value through profit or loss category into the available-for-sale or loans and receivables categories in specific circumstances. IFRIC 9 also clarifies that, on reclassification of a financial asset out of the fair value through profit or loss category, all embedded derivatives have to be assessed and, if necessary, separately accounted for in financial statements. The amendments apply retrospectively and are required to be applied for annual periods ending on or after June30, 2009. IFRIC 9 has not yet been endorsed by the European Union. We do not expect that the amendment of IFRIC 9 will not have an impact on our Consolidated Financial Statements. SAP has not made use of these reclassification rules.

In April 2009, the IASB issued "Improvements to IFRSs" – a collection of amendments to several International Financial Reporting Standards – as part of its program of annual improvements to its standards, which is intended to make necessary, but non-urgent, amendments to standards that will not be included as part of another major project. The amendments resulting from this standard mainly have effective dates for annual periods beginning on or after January 1, 2010, although entities are permitted to adopt them earlier. The European Union has not yet endorsed these improvements. We are currently determining the impact these amendments will have on our Consolidated Financial Statements.

(4) Acquisitions

We acquired the outstanding shares of two unrelated companies and the net assets of one other unrelated entity in the first nine months of 2009. In addition we have acquired 70.7% of the shares of a public entity during the first quarter. The following table summarizes our 2009 acquisitions:

Acquired Businesses

Business
Acquired
Sector Acquisition
Type
Acquisition
Date
Sky Data
Systems
Inc., San
Mateo, CA,
USA
Privately held
company that
specializes in mobile
CRM solutions
Asset
purchase
May 28,
2009
Clear
Standards
Inc., Sterling,
VA, USA
Privately held
company that
specializes in
solutions for the
management of
carbon emissions
Share
purchase
June 2, 2009
Highdeal
S.A., Caen,
France
Privately held
company that
specializes in
sophisticated pricing,
charging, and rating
solutions for the
telecommunication
industry
Share
purchase
June 2, 2009
SAF AG,
Tägerwilen,
Switzerland
Public enterprise that
specializes in the
development or
ordering and
forecasting software
for the retail, logistics
and industrial sectors
Share
purchase
September
2, 2009

The results of these acquired entities have been included in our consolidated financial statements since the respective acquisition dates. The non-controlling interest of SAF AG has been recognized according at the proportionate net asset value. Goodwill has not been recognized for the noncontrolling interest holders. All transactions are immaterial individually and in the aggregate. The acquired entities develop and/or sell software in specific areas of strategic interest to us. The aggregate purchase price amounted for all acquisitions to €60 million net of cash. In the course of the purchase price allocation for SAF AG we realized a loss amounting to €4 million due to an unfavorable existing partner contract. The purchase prices were paid in cash; and the aggregate purchase price was allocated on a preliminary basis as follows:

Cash and cash

Amount Liabilities
Cash and cash
equivalents
26,789 0 26,789
Financial assets 766 0 766
Accounts receivable 5,282 155 5,437
Other assets 1,586 2,237 3,823
Property, plant, and
equipment
896 326 1,222
Intangible assets 36 27,168 27,204
Goodwill 0 40,331 40,331
Current and deferred tax
assets
370 7,412 7,782
Total assets 35,725 77,629 113,354
Accounts payable 688 1,955 2,643
Loans and borrowings 19 0 19
Tax, deferred tax, and
related liabilities
2,795 4,689 7,484
Other accrued liabilities
and provisions
2,690 2,113 4,803
Deferred revenues 1,734 -781 953
Total liabilities 7,926 7,976 15,902
Net assets 27,799 69,653 97,452
thereof attributable to
NCI
10,191
thereof attributable to
common shareholders
87,261
Acquisition cost 87,261
Cash acquired -26,789
Acquisition cost net of
cash
60,472

Acquisition Carrying Fair Value Adjustment

Transaction costs related to our 2009 acquisitions in the amount of € 2 million have been expensed.

B. NOTES TO CONDENSED CONSOLIDATED STATEMENTS OF INCOME AND BALANCE SHEETS

(5) Income Taxes

In the third quarter 2009, income taxes and the effective tax rate, each compared with the third quarter 2008, developed as follows:

Fair Value of Assets Acquired and

Purchase Price Allocation

€ thousands Pre-

€ millions,
unless stated
otherwise
Q3 2009 1/1/-
9/30/2009
Q3 2008 1/1/-
9/30/2008
Profit before
income taxes
562 1,445 572 1,483
Income taxes 115 376 187 468
Effective tax
rate in %
20.5 26.0 32.7 31.6

(6) Earnings per Share

€ millions, unless
otherwise stated
Q3
2009
1/1/-
9/30/2009
Q3
2008
1/1/-
9/30/2008
Profit attributable
to shareholders
of SAP AG
447 1,068 385 1,014
Weighted
average number
of shares in
millions – basic
1,188 1,188 1,188 1,192
Dilutive effect of
stock options/
convertible
bonds in millions
1 1 2 1
Weighted
average number
of shares in
millions – diluted
1,189 1,189 1,190 1,193
Earnings per
share
attributable to
shareholders of
SAP AG
– basic in €
0.38 0.90 0.32 0.85
Earnings per
share
attributable to
shareholders of
SAP AG
– diluted in €
0.38 0.90 0.32 0.85

The computation of diluted earnings per share does not include certain convertible bonds and stock options issued in connection with the LTI 2000 Plan and SAP SOP 2002 because their underlying exercise prices were higher than the average market prices of SAP shares in the periods presented. Such convertible bonds and stock options, if converted or exercised, represent 36.0 million (Q3 2009:

36.0 million) SAP common shares in the first nine months of 2009 and 36.0 million (Q3 2008: 36.0 million) SAP common shares in the first nine months of 2008.

(7) Restructuring

In January 2009, SAP announced that the company will continue with the cost-saving measures initiated in October 2008 and will reduce the workforce from 51,544 positions to 48,500 at year-end 2009.

SAP started to implement the restructuring plan in the first quarter of 2009 and continued with it in the second and third quarter. Although part of the workforce reduction will be achieved through attrition, SAP initiated a termination and early retirement plan in the first and second quarter of 2009. We recognized €193 million in restructuring expense during the first three quarters, which comprises the addition to the restructuring provision of €208 million and the release of €15 million. The addition to the restructuring provision of the first nine months relate to employee-related activities in the amount of €196 million, while €12 million have been recognized for the consolidation of facilities due to a reduced number of employees.

Restructuring expenses of €27 million that were recognized last year during the first nine months of 2008 related to restructuring activities incurred as a result of the acquisition of Business Objects.

The following table provides an overview of the development of our restructuring provision:

Restructuring Development

€ millions Termination
Benefits
Cost of
Closing
Redundant
Facilities
Total
1/1/2009 13 39 52
Addition 183 11 194
Change
consolidation
group
0 0 0
Utilization -87 -8 -95
Release -10 -1 -11
Currency impact -1 0 -1
6/30/2009 98 41 139
Addition 13 1 14
Change
consolidation
group
0 0 0
Utilization -46 -10 -56
Release -2 -2 -4
Currency impact 0 -1 -1
9/30/2009 63 29 92

(8) Shareholders' Equity

Common Stock

On September 30, 2009, SAP AG had 1,225,996,996 no-par common shares (December 31, 2008: 1,225,762,900) issued with a calculated nominal value of €1 per share.

In the first nine months of 2009, the number of common shares increased by 234,096 shares, thereof in Q3 2009 38,160 shares (First nine months 2008: 496,756; Q3 2008: 163,024), which resulted from the exercise of awards granted under certain share-based compensation programs.

Treasury Stock

On September 30, 2009, we had acquired 37 million of our own shares, representing €37 million or 3.1% of capital stock. In the first nine months of 2009, we have not acquired any shares and 1.0 million (Q3 2009: 0.4 million) shares were distributed at an average price of approximately €19.38 (Q3 2008: €22.74) per share. The distributed shares represented €1.0 million (Q3 2009: €0.4 million) or 0.1 % (Q3 2009: 0.0%) of capital stock. In the first nine months of 2008, 14.6 million (Q3 2008: 2.8 million) shares were acquired under the buyback program at an average price of approximately €33.34 (Q3 2008: €37.75) per share, and 3.0 million (Q3 2008: 1.0 million) shares were distributed at an average price of approximately €26.57 (Q3 2008: €34.89) per share. The acquired shares represented €14.6 million (Q3 2008: €2.8 million) or 1.2% (Q3 2008: 0.2%) of capital stock. The

distributed shares represented €3.0 million (Q3 2008: €1.0 million) or 0.3 % (Q3 2008: 0.1%) of capital stock. Although treasury stock is legally considered to be outstanding, there are not any dividend or voting rights associated with our treasury stock. In the first nine months of 2009 and in the first nine months of 2008, we did not purchase any ADRs. SAP held no ADRs on September 30, 2009 or 2008.

(9) Share-Based Compensation Plans

A detailed description of our previous share-based compensation plans is outlined in Note 27 of our Annual Report 2008 and our Annual Report 2008 on Form 20-F.

In May 2009, we granted 10.3 million "Virtual Stock Options" or "rights" under the new "SOP Performance Plan 2009" and approximately 16.0 million STARs under the new "STAR Performance Plan 2009." These new plans are also cash settled, i.e. the employees receive a cash payment rather than a share in SAP. However, the cash-out will be tied to the outperformance of the SAP share price over the performance of the Tech PGI index. The Tech PGI is composed of peer companies of SAP in the technology sector worldwide. All other remaining terms are substantially unchanged from our other programs.

The number of equity-settled options and convertible bonds outstanding related to our equity-classified awards is as follows:

Number in thousands Number of Equity-Settled
Options and Convertible Bonds
Outstanding
9/30/2009 12/31/2008
Stock Option Plan 2002 3,345 4,961
Long Term Incentive 2000
Plan
(convertible bonds)
5,662 5,933
Long Term Incentive 2000
Plan
(stock options)
575 756

Each stock option and each convertible bond entitles the holder to subscribe to four shares of SAP AG.

The allocations of expenses for share-based compensation to the various expense items are as follows:

€ millions 1/1/-
9/30/2009
1/1/-
9/30/2008
Change in %
Cost of software and
software-related
services
-5 -7 -29
Cost of professional
services and other
services
-10 -23 -57
Research and
development
-20 -20 0
Sales and marketing -15 -31 -52
General and
administration
-10 -19 -47
Total share-based
compensation
-60 -100 -40

(C) ADDITIONAL INFORMATION

(10) Contingent Liabilities

A detailed description of our contingent liabilities is outlined in Note 22 of our Annual Report 2008. There have been no significant changes in contingent liabilities since our last annual balance sheet.

For contingent liabilities related to litigations, see in the following Note 11.

(11) Litigation and Claims

Intellectual Property Litigation

In October 2006, U.S.-based Sky Technologies LLC (Sky) instituted legal proceedings in the United States against SAP and Oracle. Sky alleges that SAP's products infringe one or more of the claims in each of five patents held by Sky. In its complaint, Sky seeks unspecified monetary damages and permanent injunctive relief. The legal proceedings have been stayed pending a decision from the Court of Appeals for the Federal Circuit with respect to an interlocutory appeal.

In January 2007, German-based CSB-Systems AG (CSB) instituted legal proceedings in Germany against SAP. CSB alleges that SAP's products infringe one or more of the claims of a German patent and a German utility model held by CSB. In its complaint, CSB has set the amount in dispute at €1 million and is seeking permanent injunctive relief. Within these proceedings CSB is not precluded from requesting damages in excess of the amount in dispute. In July 2007, SAP filed its response in the legal proceedings including a nullity action and cancellation proceeding against the patent and utility model, respectively. The nullity hearing on the German patent was held in January 2009 and the German Court determined that the patent is invalid. The cancellation hearing for the utility model was held in May 2009 and the Court determined that the utility model was invalid. CSB is

appealing, however, the infringement hearing has been stayed pending the appeals.

In March 2007, U.S.-based Oracle Corporation and certain of its subsidiaries (''Oracle'') instituted legal proceedings in the United States against TomorrowNow, Inc. and its parent company, SAP America, Inc. and SAP America's parent company SAP AG ("SAP"). Oracle filed an amended complaint in June 2007, a second amended complaint in July 2008 and a third amended complaint in October 2008 and a fourth amended complaint in August 2009. SAP and TomorrowNow have answered the fourth amended complaint, subject to and as revised by the Court's ruling on motion to dismiss the preceding third amended complaint. As amended, the lawsuit alleges copyright infringement, violations of the Federal Computer Fraud and Abuse Act and the California Computer Data Access and Fraud Act, unfair competition, intentional and negligent interference with prospective economic advantage, and civil conspiracy. The lawsuit alleges that SAP unlawfully copied and misappropriated proprietary, copyrighted software products and other confidential materials developed by Oracle to service its own customers. The lawsuit seeks injunctive relief and unspecified monetary damages including punitive damages. The trial has been re-scheduled for November 2010. Additionally, in June 2007, SAP became aware that the United States Department of Justice had opened an investigation concerning related issues and had issued subpoenas to SAP and TomorrowNow; SAP and TomorrowNow are cooperating with the investigation and are responding to the original subpoenas and additional subpoenas issued by the Department of Justice. In February 2009 a settlement conference was held. No settlement was reached. The next settlement conference is scheduled for November 30, 2009.

As discussed above, Oracle has instituted legal proceedings against TomorrowNow, Inc. SAP has recorded a provision for these legal proceedings as far as a loss is probable and the amount of loss can be reasonably estimated. In June 2009 Oracle provided information regarding its damages claims, including the current calculation of the alleged amounts of damages on certain claims, to external counsel and two internal attorneys who represent SAP in the litigation proceedings. The information provided was marked as "highly confidential" under the protective order in the case. Therefore, according to the court protective order the individuals who received the information are not entitled to share the information with anyone inside or outside of SAP except as specifically provided in that order. The information is thus not yet available to SAP to be considered in the determination of the appropriate amount of provision to be recorded for the Oracle litigation. We cannot exclude that the information, once made available to SAP, will result in a change in estimate with regard to the appropriate amount of provision to be recorded for the Oracle litigation. In connection with a filing of a Summary Judgement Oracle has withdrawn its request to keep under seal its alleged damages claims. However, the information that therewith became

known to SAP has not improved SAP's ability to reliably estimate the obligation.

In April 2007, U.S.-based Versata Software, Inc. (formerly Trilogy Software, Inc.) (Versata) instituted legal proceedings in the United States against SAP. Versata alleges that SAP's products infringe one or more of the claims in each of five patents held by Versata. In its complaint, Versata seeks unspecified monetary damages and permanent injunctive relief. The trial was held occurred in August 2009. The jury returned a verdict in favor of Versata and awarded Versata \$138.6M for past damages. SAP plans to appeal.

In August 2007, U.S.-based elcommerce.com, Inc. (elcommerce) instituted legal proceedings in the United States against SAP. elcommerce alleges that SAP's products infringe one or more of the claims in one patent held by elcommerce. In its complaint, elcommerce seeks unspecified monetary damages and permanent injunctive relief. The Court in East Texas granted SAP's request to transfer the litigation from East Texas to Pennsylvania. The trial in Pennsylvania has not yet been scheduled.

In August 2007, Canadian-based JuxtaComm, Inc. (JuxtaComm) instituted legal proceedings in the United States against Business Objects and several other defendants. JuxtaComm alleges that Business Objects' products infringe one or more of the claims in one patent held by JuxtaComm. In its complaint, JuxtaComm seeks unspecified monetary damages and permanent injunctive relief. SAP and JuxtaComm have resolved this dispute for an amount immaterial to SAP's business, financial position, results of operations, and cash flows.

In November 2007, U.S.-based Diagnostic Systems Corp. (DSC) instituted legal proceedings in the United States against SAP and several other defendants. Among the defendants is Business Objects, which was sued by DSC prior to it being acquired by SAP. DSC alleges that SAP's products infringe one or more of the claims in one patent held by DSC. In its complaint against SAP, DSC seeks unspecified monetary damages and permanent injunctive relief. In its complaint against Business Objects, which also alleges infringement of one or more claims in one DSC patent, DSC seeks unspecified monetary damages and permanent injunctive relief. The trial was scheduled for February 2010. SAP and DSC have resolved this dispute for an amount immaterial to SAP's business, financial position, results of operations, and cash flows.

In May 2008, U.S.-based InfoMentis, Inc. (''InfoMentis'') instituted legal proceedings in the United States against SAP. InfoMentis alleges copyright infringement and unfair competition. The lawsuit seeks unspecified monetary damages and a permanent injunction. SAP filed its response in August 2008. The trial is scheduled for March 2010.

In July 2008, U.S.-based Implicit Networks (Implicit) instituted legal proceedings in the United States against SAP and several other defendants. Implicit alleges that SAP's products infringe one or more of the claims of two patents held by Implicit. In its complaint, Implicit seeks unspecified monetary damages and permanent injunctive relief. SAP filed its response in November 2008. The legal proceedings have been transferred from Seattle, Washington to San Francisco, California. SAP and Implicit have resolved this dispute for an amount immaterial to SAP's business, financial position, results of operations, and cash flows.

In July 2008 and July 2009, U.S.-based Aloft Media (Aloft) instituted legal proceedings in the United States against SAP and several other defendants. In the proceedings instituted in July 2008 Aloft alleges that SAP's products infringe one or more of the claims of two patents held by Aloft. In its complaint, Aloft seeks unspecified monetary damages and permanent injunctive relief. SAP filed its response in October 2008. The trial is scheduled for June 2010. In the proceedings instituted in July 2009, Aloft alleges that SAP's products infringe one or more of the claims of one patent held by Aloft. In its complaint, Aloft seeks unspecified monetary damages. The trial has not yet been scheduled.

Other Litigation

In April 2008, South African-based Systems Applications Consultants (PTY) Limited (Securinfo) instituted legal proceedings in South Africa against SAP. Securinfo alleges that SAP has caused one of its subsidiaries to breach a software distribution agreement with Securinfo. In its complaint, Securinfo seeks damages of approximately €610 million euro plus interest. In September 2008, SAP filed a motion to dismiss. A trial date has not yet been set.

In April 2008, U.S.-based Wellogix, Inc. (''Wellogix'') instituted legal proceedings in the United States against SAP as well as several other defendants. Wellogix alleges several causes of action including, but not limited to, breach of joint venture/partnership agreement, breach of fiduciary duty, fraud, negligent misrepresentation, and misappropriation of confidential information. The lawsuit seeks unspecified monetary damages. SAP filed its responds in May 2008. In December 2008, the Court granted SAP's motion to dismiss indicating the legal proceedings were improperly initiated in Texas. Wellogix has appealed. Wellogix has dropped its appeal.

We are also subject to a variety of other claims and lawsuits that arise from time to time in the ordinary course of our business, including proceedings and claims that relate to companies which we have acquired, and claims that relate to customers demanding indemnification for proceedings initiated against them based on their use of SAP software. We will continue to vigorously defend against all claims and lawsuits against us. We make a provision for a liability for such matters when it is both probable that a liability has been incurred and the amount of the loss can be reasonably estimated. We currently believe that resolving all claims and lawsuits against us, individually or in aggregate, did not and will not have a material adverse effect on our business, financial position, income, or cash flows. Consequently, the

provisions currently recorded for these claims and lawsuits are neither individually nor in aggregate material to SAP. However, all claims and lawsuits involve risk and could lead to significant financial or reputational damage to the parties involved. Because of significant inherent uncertainties related to these matters, there can be no assurance that our business, financial position, income or cash flows will not be materially adversely affected nor can we reliably estimate the maximum possible loss in case of an unfavorable outcome.

(12) Financial Instruments

In order to reduce risks resulting from fluctuations in foreigncurrency exchange rates, risks resulting from future cash flows associated with share-based compensation granted to employees, and risks resulting from variable interest payments, we enter into derivative financial instruments. The hedging strategy is set by our Treasury Guideline. The fair values of our derivative financial instruments were as follows:

Fair Values of Derivative Financial Instruments

€ millions 09/30/2009 12/31/2008
Assets
Currency hedging
– without designated hedge
relationship
75 132
– with designated hedge relationship 6 29
Share-based compensation hedging
– without designated hedge
relationship
25 29
– with designated hedge relationship 0 1
Liabilities
Currency hedging
– without designated hedge
relationship
-23 -124
– with designated hedge relationship -16 -64
Interest rate hedging
– without designated hedge
relationship
0 -7
– with designated hedge relationship -24 -16

Currency Hedging

As a globally active enterprise, we are subject to risks associated with fluctuations in foreign currency exchange rates in our ordinary operations. Foreign currencydenominated receivables, payables, debt, and other balancesheet positions as well as future cash flows resulting from anticipated transactions are subject to currency risks. We manage our currency risk exposure on a Group-wide basis using primarily foreign exchange forward contracts.

Derivatives without Designated Hedge Relationship Foreign exchange derivatives entered into by us to offset exposure due to foreign currency-denominated monetary assets and liabilities or anticipated cash flows, which are not designated as being in a hedge accounting relationship, are marked to market at each reporting period, with gains and losses recognized in profit or loss.

In addition, this line item contains foreign currency derivatives embedded in nonderivative host contracts that are separated and accounted for as derivatives according to the requirements of IAS 39.

Derivatives with Designated Hedge Relationship – Cash Flow Hedges

We enter into derivative instruments, primarily foreign exchange forward contracts, to hedge significant anticipated cash flows in foreign currencies from foreign subsidiaries resulting from royalties payable to SAP AG. They are mostly denominated in the respective subsidiary's local currency equivalent to a percentage of the software and support service fees charged by the subsidiaries to their customers. Specifically, we exclude the interest and the time value component and only designate the spot price of the foreign exchange forward contracts as hedging instrument to offset anticipated cash flows relating to the countries with significant operations, including the United States, the United Kingdom, Japan, Switzerland, Canada, and Australia. We generally use foreign exchange derivatives that have maturities of 15 months or less, which may be rolled over to provide continuing coverage until the applicable royalties are received.

Share-Based Compensation Hedging

We hedge certain anticipated cash flow exposures associated with share-based compensation by purchasing derivative instruments from independent financial institutions. As far as a designated hedge relationship is established, the change in fair value recognized directly in other comprehensive income is used to offset compensation expense on the underlying share-based compensation programs recognized over the vesting period.

Interest-Rate Hedging

In order to hedge for the cash-flow risk resulting from variable-interest debt inherent in our syndicated term loan facility and in the majority of tranches of our private placement transaction ("Schuldschein"), we entered into interest rate payer swaps as hedging instruments. Through the interest rate payer swaps, the underlying floating rate of the facility is economically converted into a fixed rate as the changes in the cash flows of the hedged items resulting from changes in EURIBOR are offset against the changes in the cash flows of the interest rate swaps.

Determination of Fair Values

Under current IFRS, fair value is the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm's length transaction. Thus, we have categorized our financial assets and liabilities

measured at fair value reflecting the significance of the inputs used in measuring fair value into a three-level fair value hierarchy.

The levels of the fair value hierarchy and its application to our financial assets and liabilities are described below:

  • Level 1: Quoted prices in active markets for identical instruments
  • Level 2: Market inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly (i.e. as prices) or indirectly (i.e. derived from prices)
  • Level 3: Inputs for the asset or liability that are not based on observable market data (unobservable inputs)

The level in the fair value hierarchy within which the financial asset or liability is categorized in its entirety is determined based on the lowest level input that is significant to such fair value measurements.

The following table allocates our financial assets and liabilities measured at fair value to the three levels of the fair value hierarchy according to IFRS 7:

Classification of Financial Instruments

€ millions Level 1 Level 2 Level 3 Total
Financial assets at fair
value
Available-for-sale debt
securities
625 0 0 625
Available-for-sale equity
securities
2 0 73 75
Derivative financial assets 0 106 0 106
Total 627 106 73 806
€ millions Level 1 Level 2 Level 3 Total
Financial liabilities at
fair value
Derivative financial
liabilities
0 63 0 63
Total 0 63 0 63

We use inputs that are not based on observable market data only for available-for-sale equity securities for which quoted market prices in active markets are not available and whose fair value cannot be reliably measured. Accordingly, we present a reconciliation from the beginning to the ending balances only for available-for-sale equity securities at cost:

Fair Value Measurements Using Significant Unobservable Inputs (Level 3)

€ millions Equity
Securities at
Cost
Beginning balance 01/01/09 74
Total gains or losses realized/unrealized:
Included in earnings -9
Included in other comprehensive income 0
Purchases, sales, issuances and settlements, 8
net
Transfers in/out of Level 3 0
Ending balance 09/30/09 73

The amount of total gains or losses for the period included in earnings attributable to the changes in unrealized gains or losses relating to assets still held on September 30, 2009 0

Gains and losses (realized and unrealized)
included in earnings for the period (above)
are reported in financial income, net as
follows:
Total gains or losses included in earnings for
the period (above)
-9
Change in unrealized gains and losses relating
to assets still held on September 30, 2009
0

(13) Segment Information

For information on the basis of SAP's segment reporting and for information on SAP's operating segments, see Note 28 in our Consolidated Financial Statements, which are included in our Annual Report 2008. Starting in 2009, we have made the following changes within our internal management reporting system: Restructuring costs are no longer included in the segment results, but are shown as a separate line item. The 2008 figures have not been adjusted, since restructuring expenses in 2008 were immaterial.

Due to changes in our internal reporting structure, we have modified the allocation of depreciation and amortization expense to our segments. For comparison purposes, the 2008 figures in the tables have also been adjusted.

The following tables present external revenue and segment results from reportable segments as well as a reconciliation of total external revenue from reportable segments to total consolidated revenue as reported in the consolidated statements of income and a reconciliation of total segment result to profit before income taxes as reported in the consolidated statements of income:

CONSOLIDATED INTERIM FINANCIAL STATEMENTS - IFRS 31

Q3 2009

€ millions Product Consul Training Total
ting
External revenue
from reportable 1,853 587 75 2,515
segments
Segment result 1,126 182 24 1,332
Depreciation and
amortization directly
attributable to each -13 -2 0 -15
segment

Q3 2008

€ millions Product Consul
ting
Training Total
External revenue
from reportable
1,981 690 122 2,793
segments
Segment result
1,146 186 50 1,382
Depreciation and
amortization directly
attributable to each
segment
-15 -2 -1 -18

1/1/-9/30/2009

€ millions Product Consul
ting
Training Total
External revenue
from reportable
segments
5,421 1,839 238 7,498
Segment result 3,169 536 75 3,780
Depreciation and
amortization directly
attributable to each
segment
-40 -5 -2 -47

1/1/-9/30/2008

€ millions Product Consul
ting
Training Total
External revenue
from reportable
segments
5,793 2,034 381 8,208
Segment result 3,277 523 158 3,958
Depreciation and
amortization directly
attributable to each
segment
-48 -6 -2 -56
€ millions Q3 2009 1/1/-
9/30/2009
Q3 2008 1/1/-
9/30/2008
External revenue
from reportable
segments
2,515 7,498 2,793 8,208
External revenue
from services
provided outside of
the reportable
segments
-7 -6 9 11
Adjustment
Business Objects
support revenue
0 -11 -41 -140
IFRS reconciliation
difference
0 0 2 9
Total revenue 2,508 7,482 2,763 8,087
Segment result from
reportable
segments
1,332 3,780 1,382 3,958
Development
expense -
management view
-442 -1,274 -429 -1,358
Administration and
other corporate
expenses -
management view
-148 -456 -183 -580
Restructuring -21 -186 0 0
Share-based
compensation
expenses
-40 -60 -48 -100
External revenue
from services
provided outside of
the reportable
segments
-7 -6 9 11
Adjustment
Business Objects
support revenue
0 -11 -41 -140
Acquisition-related
charges
-67 -200 -76 -225
U.S. GAAP - IFRS
reconciliation
difference
12 -20 -24 -68
Operating profit 619 1,567 590 1,498
Other non-operating
income/
expense, net
-39 -62 1 19
Financial income/
expense, net
-18 -60 -19 -34
Profit before income
taxes
562 1,445 572 1,483

Geographic Information

The following tables present external revenue and the number of employees by geographic region. The amounts for sales by destination are based on the location of customers.

Software Revenue by Sales Destination

€ millions Q3
2009
1/1/-
9/30/2009
Q3
2008
1/1/-
9/30/2008
EMEA 254 726 344 1,080
Americas 180 496 280 803
Asia Pacific
Japan
91 265 139 401
SAP Group 525 1,487 764 2,284

Software and Software-Related Service Revenue by Sales Destination

€ millions Q3 1/1/- Q3 1/1/-
2009 9/30/2009 2008 9/30/2008
Germany 342 948 393 1,048
Rest of EMEA 695 2,002 658 2,033
Total EMEA 1,037 2,950 1,051 3,081
United States 476 1,417 488 1,378
Rest of 167 479 178 519
Americas
Total 643 1,896 666 1,896
Americas
Japan 89 292 98 273
Rest of Asia
Pacific Japan
168 494 180 549
Total Asia
Pacific Japan
257 786 279 822
SAP Group 1,937 5,632 1,996 5,800

Revenue by Sales Destination

€ millions Q3
2009
1/1/-
9/30/2009
Q3
2008
1/1/-
9/30/2008
Germany 481 1,376 569 1,546
Rest of EMEA 858 2,531 875 2,722
Total EMEA 1,339 3,907 1,444 4,268
United States 628 1,941 717 2,061
Rest of
Americas
222 647 238 689
Total
Americas
850 2,588 955 2,750
Japan 102 348 120 347
Rest of Asia
Pacific Japan
216 639 243 722
Total Asia
Pacific Japan
319 987 364 1,069
SAP Group 2,508 7,482 2,763 8,087

Headcount by Region

Full-time equivalents 9/30/2009 12/31/2008
Germany 15,043 15,582
Rest of EMEA 10,486 11,246
Total EMEA 25,529 26,828
United States 8,158 9,219
Rest of Americas 3,819 4,243
Total Americas 11,977 13,462
Japan 1,189 1,413
Rest of Asia Pacific Japan 9,115 9,841
Total Asia Pacific Japan 10,304 11,254
SAP Group 47,810 51,544

Headcount by Functional Area

Full-time equivalents 9/30/2009 12/31/2008
Software and software-related
services 6,325 6,466
Professional services and other 12,490 14,051
services
Research and development 14,888 15,547
Sales and marketing 9,545 10,701
General and administration 3,116 3,244
Infrastructure 1,446 1,535
SAP Group 47,810 51,544

(14) Related Party Transactions

Certain Executive Board and Supervisory Board members of SAP AG currently hold or held within the last year positions of significant responsibility with other entities as presented in our Annual Report 2008. We have relationships with certain

CONSOLIDATED INTERIM FINANCIAL STATEMENTS - IFRS 33

of these entities in the ordinary course of business whereby we buy and sell a wide variety of services and products at prices believed to be consistent with those negotiated at arm's length between unrelated parties.

During the reporting period, we had no material related party transactions likely to have a material effect on our business, financial position, income, or cash flows.

For further information on related party transactions, see Note 30 in our consolidated financial statements, which are included in our Annual Report 2008.

Events after the end of the quarter

After the end of the first nine months of 2009 there were no events of significant importance.

Release of the Interim Financial Statements

The Chief Financial Officer of SAP AG on behalf of the Executive Board of SAP AG approved these Consolidated Interim Financial Statements for the third quarter 2009 on 28 October 2009, for submission to the Audit Committee of the Company's Supervisory Board and for subsequent issuance.

ADDITIONAL FINANCIAL INFORMATION U.S. GAAP AND NON-GAAP FINANCIAL DATA (CONDENSED AND UNAUDITED)1

CONSOLIDATED STATEMENTS OF INCOME (U.S. GAAP; preliminary and unaudited)

Change in %
2009
2008
Software revenue
525
763
-31
Support revenue
1,333
1,167
14
Subscription and other software-related service revenue
79
64
23
Software and software-related service revenue
1,937
1,994
-3
Consulting revenue
484
617
-22
Training revenue
60
105
-43
Other service revenue
20
26
-23
Professional services and other service revenue
564
748
-25
Other revenue
7
19
-63
Total revenue
2,508
2,761
-9
Cost of software and software-related services
-412
-381
8
Cost of professional services and other services
-436
-583
-25
Research and developm ent
-381
-398
-4
Sales and m arketing
-515
-634
-19
General and adm inistration
-136
-156
-13
Restructuring
-21
0
N/A
Other operating incom e/expense, net
-1
5
<-100
Total operating expenses
-1,902
-2,147
-11
Operating income
606
614
-1
Other non-operating income/expense, net
-41
7
<-100
Financial income/expense, net
-13
-19
-32
Income from continuing operations before
income taxes
552
602
-8
Income taxes
-116
-192
-40
Income from continuing operations
436
410
6
Loss from discontinued operations, net of tax
-1
-21
-95
Net income
435
389
12
- Net incom e attributable to noncontrolling interests*
0
1
-100
- Net incom e attributable to shareholders of SAP AG
435
388
12
Earnings per share (EPS)
EPS from continuing operations – basic in €
0.37
0.35
6
EPS from continuing operations – diluted in €
0.37
0.34
9
EPS from net incom e attributable to shareholders of SAP AG – basic in €
0.37
0.33
12
EPS from net incom e attributable to shareholders of SAP AG – diluted in €
0.37
0.33
12
Weighted average num ber of shares in m illions, treasury stock excluded
1,188
1,188
Key ratios
Operating m argin in %
24.2
22.2
2.0pp
Effective tax rate from continuing operations in %
21.0
31.9

*Due to the first-time application of SFAS 160, "Noncontrolling Interests in Consolidated Financial Statements, an amendment of ARB No. 51" the term "minority interest" has been replaced with "noncontrolling interests" and the categorization of noncontrolling interests is now shown below net income. The prior year figures have also been changed as a result of the adoption of this standard.

1 See explanatory note on page 3 of this Interim Report

CONSOLIDATED STATEMENTS OF INCOME

(U.S. GAAP; preliminary and unaudited)

€ millions, unless otherwise stated Nine months ended September 30
Change in %
2009
2008
Software revenue
1,487
2,283
-35
Support revenue
3,922
3,324
18
Subscription and other software-related service revenue
223
184
21
Software and software-related service revenue
5,632
5,791
-3
Consulting revenue
1,554
1,832
-15
Training revenue
202
323
-37
Other service revenue
67
77
-13
Professional services and other service revenue
1,823
2,232
Other revenue
27
56
-18
-52
Total revenue
7,482
8,079
-7
Cost of software and software-related services
-1,192
-1,166
2
Cost of professional services and other services
-1,423
-1,731
-18
Research and developm ent
-1,118
-1,236
-10
Sales and m arketing
-1,589
-1,912
-17
General and adm inistration
-393
-477
-18
Restructuring
-186
0
N/A
Other operating incom e/expense, net
5
9
-44
Total operating expenses
-5,896
-6,513
-9
Operating income
1,586
1,566
1
Other non-operating income/expense, net
-63
25
<-100
Financial income/expense, net
-53
-34
56
Income from continuing operations before
income taxes
1,470
1,557
-6
Income taxes
-393
-489
-20
Income from continuing operations
1,077
1,068
1
Loss from discontinued operations, net of tax
-15
-29
-48
Net income
1,062
1,039
2
- Net incom e attributable to noncontrolling interests*
1
1
0
- Net incom e attributable to shareholders of SAP AG
1,061
1,038
2
Earnings per share (EPS)
EPS from continuing operations – basic in €
0.91
0.90
1
EPS from continuing operations – diluted in €
0.91
0.89
2
EPS from net incom e attributable to shareholders of SAP AG – basic in €
0.89
0.87
2
EPS from net incom e attributable to shareholders of SAP AG – diluted in €
0.89
0.87
2
Weighted average num ber of shares in m illions, treasury stock excluded
1,188
1,192
Key ratios
Operating m argin in %
21.2
19.4
1.8pp
Effective tax rate from continuing operations in %
26.7
31.4

*Due to the first-time application of SFAS 160, "Noncontrolling Interests in Consolidated Financial Statements, an amendment of ARB No. 51" the term "minority interest" has been replaced with "noncontrolling interests" and the categorization of noncontrolling interests is now shown below net income. The prior year figures have also been changed as a result of the adoption of this standard.

CONDENSED CONSOLIDATED BALANCE SHEETS

(U.S. GAAP; preliminary and unaudited)

€ m illions Septem ber 30, 2009 Decem ber 31, 2008
Assets
Cash and cash equivalents 2,414 1,277
Restricted cash 1 3
Short-term investm ents 625 382
Accounts receivable, net 2,097 3,128
Other assets 568 705
Deferred incom e taxes 213 203
Prepaid expenses/deferred charges 115 84
Current assets 6,033 5,782
Goodw ill 5,019 5,009
Intangible assets, net 944 1,127
Property, plant, and equipm ent, net 1,372 1,405
Investm ents 101 95
Accounts receivable, net 2 2
Other assets 668 566
Deferred incom e taxes 190 187
Prepaid expenses/deferred charges 45 24
Noncurrent assets 8,341 8,415
Total assets 14,374 14,197
€ m illions Septem ber 30, 2009 Decem ber 31, 2008
Liabilities and total equity
Accounts payable 521 538
Income tax obligations 264 363
Financial liabilities 1,506 2,574
Other liabilities 1,107 1,486
Provisions 323 214
Deferred income taxes 33 48
Deferred income 1,050 611
Current liabilities 4,804 5,834
Accounts payable 0 5
Income tax obligations 188 278
Financial liabilities 726 36
Other liabilities 99 94
Provisions 509 497
Deferred income taxes 151 157
Deferred income 65 61
Noncurrent liabilities 1,738 1,128
Total liabilities 6,542 6,962
Common stock, no par value 1,226 1,226
Treasury stock -1,326 -1,362
Additional paid-in capital 316 320
Retained earnings 8,176 7,709
Accumulated other comprehensive loss -580 -660
Total equity attributable to shareholders of SAP AG 7,812 7,233
Noncontrolling interests* 20 2
Total equity 7,832 7,235
Total liabilities and total equity 14,374 14,197

* Reclassification of noncontrolling interests (previously minority interests) is based on the first-time application of SFAS 160.

CONSOLIDATED STATEMENTS OF CASH FLOWS (U.S. GAAP; preliminary and unaudited)

€ millions Nine months ended September 30
2009 2008
Net incom e 1,062 1,039
Net loss from discontinued operations 15 29
Income from continuing operations 1,077 1,068
Adjustm ents to reconcile incom e from continuing operations
Depreciation and am ortization 373 412
Gains/losses from equity investees -1 1
Losses on disposal of intangible assets and property, plant, and equipm ent 4 2
Gains on disposal of investm ents 0 -9
Writedowns of financial assets 9 4
Allowances for doubtful accounts 91 34
Im pacts of hedging for cash-settled share-based paym ent plans 2 -10
Stock-based com pensation including incom e tax benefits 7 22
Excess tax benefit from share-based com pensation -1 -14
Deferred incom e taxes -64 -72
Change in accounts receivable 967 528
Change in other assets -34 77
Change in accrued and other liabilities -575 -558
Change in deferred incom e 521 485
Net cash provided by operating activities from continuing operations 2,376 1,970
Business com binations, net of cash and cash equivalents acquired -65 -3,767
Repaym ent of acquirees' debt in business com binations 0 -450
Purchase of intangible assets and property, plant, and equipm ent -169 -244
Proceeds from disposal of intangible assets and property, plant, and equipm ent 19 27
Cash transferred to restricted cash 0 -451
Reduction of restricted cash 3 1,000
Purchase of investm ents -566 -40
Sales of investm ents 312 521
Purchase of other financial assets -10 -11
Sales of other financial assets 12 12
Net cash used in investing activities from continuing operations -464 -3,403
Dividends paid -594 -594
Purchase of treasury stock 0 -487
Proceeds from reissuance of treasury stock 20 79
Proceeds from issuance of com m on stock (share-based com pensation) 4 13
Excess tax benefit from share-based com pensation 0 14
Proceeds from private placem ent transaction 697 0
Proceeds from short-term and long-term debt 0 3,859
Repaym ents of short-term and long-term debt -902 -1,521
Proceeds from the exercise of equity-based derivative instrum ents (STAR hedge) 4 33
Purchase of equity-based derivative instrum ents (hedge for cash-settled share
based paym ent plans) 0 -55
Net cash provided by/used in financing activities from continuing operations -771 1,341
Effect of foreign exchange rates on cash and cash equivalents 10 -9
Net cash used in operating activities from discontinued operations -14 -21
Net change in cash and cash equivalents 1,137 -122
Cash and cash equivalents at the beginning of the period
Cash and cash equivalents at the end of the period
1,277
2,414
1,608
1,486

Reconciliations from Non-GAAP Numbers to U.S. GAAP Numbers Preliminary and unaud ited

The following table presents a reconciliation from our non-GAAP num bers (including our non-GAAP at constant currency num bers) to the respective m ost com parable U.S. GAAP num bers. Note: Our non-GAAP num bers are not prepared under a com prehensive set of accounting rules or principles.

€ millions, unless otherwise stated Three months ended September 30
2009 2008 Change in %
Currency Non-GAAP Non-GAAP
U.S. GAAP Adj.* Non-GAAP* impact** constant U.S. GAAP Adj. Non-GAAP U.S. GAAP Non-GAAP* constant
currency** currency*
Non-GAAP Revenue Numbers
Software revenue 525 0 525 10 535 763 0 763 -31 -31 -30
Support revenue
Subscription and other software-related service
1,333 0 1,333 -6 1,327 1,167 41 1,208 14 10 10
revenue 79 0 79 -1 78 64 0 64 23 23 22
Software and software-related service revenue 1,937 0 1,937 3 1,940 1,994 41 2,035 -3 -5 -5
Consulting revenue 484 0 484 -2 482 617 0 617 -22 -22 -22
Training revenue 60 0 60 0 60 105 0 105 -43 -43 -43
Other service revenue 20 0 20 0 20 26 0 26 -23 -23 -23
Professional services and other service revenue 564 0 564 -1 563 748 0 748 -25 -25 -25
Other revenue 7 0 7 0 7 19 0 19 -63 -63 -63
Total revenue 2,508 0 2,508 2 2,510 2,761 41 2,802 -9 -10 -10
Non-GAAP Operating Expense Numbers
Cost of software and s oftware-related services -412 46 -366 -381 49 -332 8 10
Cost of professional s ervices and other services -436 0 -436 -583 0 -583 -25 -25
Research and developm ent -381 1 -380 -398 3 -395 -4 -4
Sales and m arketing -515 18 -497 -634 23 -611 -19 -19
General and adm inistration -136 2 -134 -156 1 -155 -13 -14
Restructuring
Other operating incom e/expense, net
-21
-1
0
0
-21
-1
0
5
0
0
0
5
N/A
<-100
N/A
<-100
Total operating expenses -1,902 67 -1,834 6 -1,828 -2,147 76 -2,071 -11 -11 -12
Non-GAAP Income Numbers
Operating income 606 67 674 8 682 614 117 731 -1 -8 -7
Other non-operating incom e/expense, net -41 0 -41 7 0 7 <-100 <-100
Financial incom e/expense, net -13 0 -13 -19 0 -19 -32 -32
Income from continuing operations
before income taxes 552 67 619 602 117 719 -8 -14
Incom e taxes -116 -15 -131 -192 -30 -222 -40 -41
Income from continuing operations 436 52 488 410 87 497 6 -2
Loss from discontinued operations, net of tax -1 0 -1 -21 0 -21 -95 -95
Net income 435 52 487 389 87 476 12 2
- Net incom e attributable to noncontrolling interests 0 0 0 1 0 1 -100 -100
- Net incom e attributable to shareholders of SAP AG 435 52 487 388 87 475 12 3
Non-GAAP EPS
EPS from continuing operations – basic in € 0.37 0.41 0.35 0.41 6 0
EPS from continuing operations – diluted in € 0.37 0.41 0.34 0.41 9 0
EPS from net incom e attributable to shareholders of 0.37 0.41 0.33 0.40 12 2
SAP AG – basic in €
EPS from net incom e attributable to shareholders of 0.37 0.41 0.33 0.40 12 2
SAP AG – diluted in €
Weighted average num ber of shares in m illions,
treasury stock excluded 1,188 1,188 1,188 1,188
Non-GAAP Key Ratios
Operating m argin in % 24.2 26.9 27.2 22.2 26.1 2.0pp 0.8pp 1.1pp
Effective tax rate from continuing operations in % 21.0 21.2 31.9 30.9

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination accounting rules. Adjustments in the operating expense line items are for acquisition-related charges. See explanations of non-GAAP measures for details.

** Constant currency revenue and operating income figures are calculated by translating revenue and operating income of the current period using the average exchange rates from the previous year's respective period instead of the current period. Constant currency period-over-period changes are calculated by comparing the current year's non-GAAP constant currency numbers with the non-GAAP number of the previous year's respective period. See explanations of non-GAAP measures for details.

Reconciliations from Non-GAAP Numbers to U.S. GAAP Numbers Preliminary and unaudited

The following table presents a reconciliation from our non-GAAP num bers (including our non-GAAP at constant currency num bers) to the respective m ost com parable U.S. GAAP num bers. Note: Our non-GAAP num bers are not prepared under a com prehensive set of accounting rules or principles.

€ millions, unless otherwise stated Nine months ended September 30
2009 2008 Change in %
Non-GAAP Non-GAAP
U.S. GAAP Adj. Non-GAAP Currency impact** constant U.S. GAAP Adj.* Non-GAAP* U.S. GAAP Non-GAAP* constant
Non-GAAP Revenue Numbers currency** currency*
Software revenue 1,487 0 1,487 -6 1,481 2,283 0 2,283 -35 -35 -35
Support revenue 3,922 11 3,933 -68 3,865 3,324 140 3,464 18 14 12
Subscription and other software-related service
revenue 223 0 223 -8 215 184 0 184 21 21 17
Software and software-related service revenue 5,632 11 5,643 -82 5,561 5,791 140 5,931 -3 -5 -6
Consulting revenue 1,554 0 1,554 -28 1,526 1,832 0 1,832 -15 -15 -17
Training revenue 202 0 202 -1 201 323 0 323 -37 -37 -38
Other service revenue 67 0 67 -1 66 77 0 77 -13 -13 -14
Professional services and other service revenue 1,823 0 1,823 -30 1,793 2,232 0 2,232 -18 -18 -20
Other revenue 27 0 27 -1 26 56 0 56 -52 -52 -54
Total revenue 7,482 11 7,493 -114 7,379 8,079 140 8,219 -7 -9 -10
Non-GAAP Operating Expense Numbers
Cost of software and software-related services -1,192 139 -1,053 -1,166 142 -1,024 2 3
Cost of professional services and other services -1,423 2 -1,421 -1,731 0 -1,731 -18 -18
Research and developm ent -1,118 2 -1,116 -1,236 18 -1,218 -10 -8
Sales and m arketing -1,589 55 -1,534 -1,912 64 -1,848 -17 -17
General and adm inistration -393 2 -391 -477 1 -476 -18 -18
Restructuring -186 0 -186 0 0 0 N/A N/A
Other operating incom e/expense, net 5 0 5 9 0 9 -44 -44
Total operating expenses -5,896 200 -5,695 104 -5,591 -6,513 225 -6,288 -9 -9 -11
Non-GAAP Income Numbers
Operating income 1,586 211 1,798 -10 1,788 1,566 365 1,931 1 -7 -7
Other non-operating incom e/expense, net -63 0 -63 25 0 25 <-100 <-100
Financial incom e/expense, net -53 0 -53 -34 0 -34 56 56
Income from continuing operations
before income taxes 1,470 211 1,681 1,557 365 1,922 -6 -13
Incom e taxes -393 -50 -443 -489 -94 -583 -20 -24
Income from continuing operations 1,077 161 1,238 1,068 271 1,339 1 -8
Loss from discontinued operations, net of tax -15 0 -15 -29 0 -29 -48 -48
Net income 1,062 161 1,223 1,039 271 1,310 2 -7
- Net incom e attributable to noncontrolling interests 1 0 1 1 0 1 0 0
- Net incom e attributable to shareholders of SAP AG 1,061 161 1,222 1,038 271 1,309 2 -7
Non-GAAP EPS
EPS from continuing operations – basic in € 0.91 1.04 0.90 1.12 1 -7
EPS from continuing operations – diluted in € 0.91 1.04 0.89 1.12 2 -7
EPS from net incom e attributable to shareholders of 0.89 1.03 0.87 1.10 2 -6
SAP AG – basic in €
EPS from net incom e attributable to shareholders of 0.89 1.03 0.87 1.10 2 -6
SAP AG – diluted in €
Weighted average num ber of shares in m illions,
treasury stock excluded 1,188 1,188 1,192 1,192
Non-GAAP Key Ratios
Operating m argin in % 21.2 24.0 24.2 19.4 23.5 1.8pp 0.5pp 0.7pp
Effective tax rate from continuing operations in % 26.7 26.4 31.4 30.3

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination accounting rules. Adjustments in the operating expense line items are for acquisition-related charges. See explanations of non-GAAP measures for details.

** Constant currency revenue and operating income figures are calculated by translating revenue and operating income of the current period using the average exchange rates from the previous year's respective period instead of the current period. Constant currency period-over-period changes are calculated by comparing the current year's non-GAAP constant currency numbers with the non-GAAP number of the previous year's respective period. See explanations of non-GAAP measures for details.

Reconciliations from Non-GAAP Revenue in U.S. Dollar to U.S. GAAP Revenue in Euro Preliminary and unaudited

The follow ing table presents a reconciliation from our non-GAAP revenue numbers in U.S. dollar to the respective most comparable U.S. GAAP revenue numbers in euro. Note: Our non-GAAP numbers in U.S. dollar are company-specific and not prepared under a comprehensive set of accounting rules or principles.

Three m onths ended Septem ber 30
Softw are and Softw are-Related Service
Softw are Revenue
Revenue
2009 2008 Change in % 2009 2008 Change in %
=
U.S. GAAP revenue in € m illions
+/- Adjustment betw een U.S. GAAP revenue
525 763 -31 1,937 1,994 -3
and non-GAAP revenue in € millions* 0 0 0 0 41 -100
=
Non-GAAP revenue in € m illions
525 763 -31 1,937 2,035 -5
+/- Adjustment in US\$ millions 234 352 -34 843 985 -14
=
Non-GAAP revenue in US\$ m illions
759 1,115 -32 2,780 3,020 -8
Nine m onths ended Septem ber 30
Softw are Revenue Softw are and Softw are-Related Service
Revenue
2009 2008 Change in % 2009 2008 Change in %
=
U.S. GAAP revenue in € m illions
+/- Adjustment betw een U.S. GAAP revenue
and non-GAAP revenue in € millions*
1,487
0
2,283
0
-35
0
5,632
11
5,791
140
-3
-92
=
Non-GAAP revenue in € m illions
+/- Adjustment in US\$ millions
=
Non-GAAP revenue in US\$ m illions
1,487
573
2,060
2,283
1,187
3,470
-35
-52
-41
5,643
2,100
7,743
5,931
3,087
9,018
-5
-32
-14

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination rules. See explanations of non-GAAP measures for details.

REVENUE BY REGION

Preliminary and unaudited

The following table presents our U.S. GAAP and non-GAAP revenue by region. The table also presents a reconciliation from our non-GAAP revenue (including our non-GAAP revenue at constant currency) to the respective m ost com parable U.S. GAAP revenue. Note: Our non-GAAP revenues are not prepared under a com prehensive set of accounting rules or principles.

€ millions Three months ended September 30
2009 2008 Change in %
U.S. GAAP Adj. Non-GAAP Currency
impact**
Non-GAAP
constant
currency**
U.S. GAAP Adj.* Non-GAAP* U.S. GAAP Non-GAAP* Non-GAAP
constant
currency**
Softw are revenue by region***
EMEA
254 0 254 6 260 344 0 344 -26 -26 -24
Americas 180 0 180 3 183 280 0 280 -36 -36 -35
Asia Pacific Japan
Softw are revenue
91
525
0
0
91
525
1
10
92
535
139
763
0
0
139
763
-35
-31
-35
-31
-34
-30
Softw are and software-related
service revenue by region***
Germany 342 0 342 0 342 393 0 393 -13 -13 -13
Rest of EMEA 695 0 695 19 714 658 16 674 6 3 6
Total EMEA 1,037 0 1,037 19 1,056 1,051 16 1,067 -1 -3 -1
United States 476 0 476 -16 460 486 22 508 -2 -6 -9
Rest of Americas 167 0 167 11 178 178 1 179 -6 -7 -1
Total Americas 643 0 643 -5 638 664 23 687 -3 -6 -7
Japan 89 0 89 -15 74 98 1 99 -9 -10 -25
Rest of Asia Pacific Japan 168 0 168 3 171 181 1 182 -7 -8 -6
Total Asia Pacific Japan 257 0 257 -11 246 279 2 281 -8 -9 -12
Softw are and software-related
service revenue
1,937 0 1,937 3 1,940 1,994 41 2,035 -3 -5 -5
Total revenue by region***
Germany 481 0 481 0 481 569 0 569 -15 -15 -15
Rest of EMEA 858 0 858 25 883 875 16 891 -2 -4 -1
Total EMEA 1,339 0 1,339 24 1,363 1,444 16 1,460 -7 -8 -7
United States 628 0 628 -23 605 717 22 739 -12 -15 -18
Rest of Americas 222 0 222 14 236 237 1 238 -6 -7 -1
Total Americas 850 0 850 -9 841 954 23 977 -11 -13 -14
Japan 102 0 102 -17 85 120 1 121 -15 -16 -30
Rest of Asia Pacific Japan 216 0 216 4 220 243 1 244 -11 -11 -10
Total Asia Pacific Japan 319 0 319 -13 306 363 2 365 -12 -13 -16
Total revenue 2,508 0 2,508 2 2,510 2,761 41 2,802 -9 -10 -10

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination accounting rules. Adjustments in the operating expense line items are for acquisition-related charges. See explanations of non-GAAP measures for details.

** Constant currency revenue figures are calculated by translating revenue of the current period using the average exchange rates from the previous year's respective period instead of the current period. Constant currency period-over-period changes are calculated by comparing the current year's non-GAAP constant currency numbers with the non-GAAP number of the previous year's respective period.

*** Based on customer location.

REVENUE BY REGION

Preliminary and unaudited

The following table presents our U.S. GAAP and non-GAAP revenue by region. The table also presents a reconciliation from our non-GAAP revenue (including our non-GAAP revenue at constant currency) to the respective m ost com parable U.S. GAAP revenue. Note: Our non-GAAP revenues are not prepared under a com prehensive set of accounting rules or principles.

€ millions Nine months ended September 30
2009 2008 Change in %
Currency Non-GAAP Non-GAAP
U.S. GAAP Adj.* Non-GAAP* impact** constant U.S. GAAP Adj.* Non-GAAP* U.S. GAAP Non-GAAP* constant
currency** currency**
Software revenue by region***
EMEA 726 0 726 20 746 1,080 0 1,080 -33 -33 -31
Americas 496 0 496 -17 479 803 0 803 -38 -38 -40
Asia Pacific Japan 265 0 265 -9 256 400 0 400 -34 -34 -36
Software revenue 1,487 0 1,487 -6 1,481 2,283 0 2,283 -35 -35 -35
Software and software-related
service revenue by region***
Germany 948 0 948 0 948 1,048 3 1,051 -10 -10 -10
Rest of EMEA 2,002 4 2,006 66 2,072 2,032 53 2,085 -1 -4 -1
Total EMEA 2,950 4 2,954 66 3,020 3,080 56 3,136 -4 -6 -4
United States 1,417 6 1,423 -133 1,290 1,371 70 1,441 3 -1 -10
Rest of Americas 479 0 479 30 509 518 5 523 -8 -8 -3
Total Americas 1,896 6 1,902 -103 1,799 1,889 75 1,964 0 -3 -8
Japan 292 0 292 -54 238 273 3 276 7 6 -14
Rest of Asia Pacific Japan 494 0 494 10 504 549 6 555 -10 -11 -9
Total Asia Pacific Japan 786 1 787 -45 742 822 9 831 -4 -5 -11
Software and software-related
service revenue 5,632 11 5,643 -82 5,561 5,791 140 5,931 -3 -5 -6
Total revenue by region***
Germany 1,376 0 1,376 1 1,377 1,546 3 1,549 -11 -11 -11
Rest of EMEA 2,531 4 2,535 85 2,620 2,721 53 2,774 -7 -9 -6
Total EMEA 3,907 4 3,911 86 3,997 4,267 56 4,323 -8 -10 -8
United States 1,941 6 1,947 -189 1,758 2,055 70 2,125 -6 -8 -17
Rest of Americas 647 0 647 42 689 688 5 693 -6 -7 -1
Total Americas 2,588 6 2,594 -147 2,447 2,743 75 2,818 -6 -8 -13
Japan 348 0 348 -66 282 347 3 350 0 -1 -19
Rest of Asia Pacific Japan 639 0 639 14 653 722 6 728 -11 -12 -10
Total Asia Pacific Japan 987 1 988 -53 935 1,069 9 1,078 -8 -8 -13
Total revenue 7,482 11 7,493 -114 7,379 8,079 140 8,219 -7 -9 -10

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination accounting rules. Adjustments in the operating expense line items are for acquisition-related charges. See explanations of non-GAAP measures for details.

** Constant currency revenue figures are calculated by translating revenue of the current period using the average exchange rates from the previous year's respective period instead of the current period. Constant currency period-over-period changes are calculated by comparing the current year's non-GAAP constant currency numbers with the non-GAAP number of the previous year's respective period.

*** Based on customer location.

SHARE-BASED COMPENSATION

(U.S. GAAP ; preliminary and unaudited)

€ m illions Nine m onths ended Septem ber 30
2009 2008 Change in %
Share-based compensation per expense line item
Cost of softw are and softw are-related services 5 7 -29
Cost of professional services and other services 10 23 -57
Research and development 20 20 0
Sales and marketing 15 31 -52
General and administration 10 19 -47
Total share-based com pensation 60 100 -40

Note: The share-based compensation expenses do not differ between SAP's U.S. GAAP and non-GAAP measures.

FREE CASH FLOW

Preliminary and unaudited

€ m illions Nine m onths ended Se ptem ber 30
2009 2008 Change in %
Net cash provided by operating activities from continuing
operations
2,376 1,970 21
Purchase of long-lived assets excluding additions from
business combinations
-169 -244 -31
Free cash flow 2,207 1,726 28

DAYS SALES OUTSTANDING

Preliminary and unaudited

Septem ber 30, 2009 De cem ber 31, 2008 Change in days
Days sales outstanding 78 71 7

HEADCOUNT

Preliminary and unaudited

in full-tim e equivalents - from continuing
operations Septem ber 30, 2009 Decem ber 31, 2008 30. Septem ber 2008
He adcount by region
Germany 15,043 15,582 15,455
Rest of EMEA 10,484 11,243 11,309
Total EM EA 25,527 26,825 26,764
United States 8,154 9,214 9,424
Rest of Americas 3,819 4,243 4,369
Total Am ericas 11,973 13,457 13,793
Japan 1,189 1,413 1,446
Rest of Asia Pacific Japan 9,115 9,841 9,860
Total Asia Pacific Japan 10,304 11,254 11,306
Total 47,804 51,536 51,863
He adcount by functional area
Softw are and softw are-related services 6,319 6,458 6,457
Professional services and other services 12,490 14,051 14,193
Research and development 14,888 15,547 15,458
Sales and marketing 9,545 10,701 10,909
General and administration 3,116 3,244 3,303
Infrastructure 1,446 1,535 1,543
Total 47,804 51,536 51,863

MULTI-QUARTER SUMMARY

(U.S. GAAP and non-GAAP; preliminary and unaud ited)

€ millions, unless otherwise stated Q3/2009 Q2/2009 Q1/2009 Q4/2008 Q3/2008 Q2/2008 Q1/2008
Software revenue (U.S. GAAP) 525 543 418 1,323 763 898 622
Revenue adjustm ent* 0 0 0 0 0 0 0
Software revenue (non-GAAP) 525 543 418 1,323 763 898 622
Support revenue (U.S. GAAP) 1,333 1,337 1,252 1,269 1,167 1,099 1,058
Revenue adjustm ent* 0 0 11 26 41 52 47
Support revenue (non-GAAP) 1,333 1,337 1,263 1,295 1,208 1,151 1,105
Subscription and other software-related
service revenue (U.S. GAAP) 79 73 71 74 64 64 56
Revenue adjustm ent* 0 0 0 0 0 0 0
Subscription and other software-related
service revenue (non-GAAP) 79 73 71 74 64 64 56
Software and software-related
service revenue (U.S. GAAP) 1,937 1,953 1,741 2,666 1,994 2,061 1,736
Revenue adjustm ent* 0 0 11 26 41 52 47
Software and software-related
service revenue (non-GAAP) 1,937 1,953 1,752 2,692 2,035 2,113 1,783
Total revenue (U.S. GAAP) 2,508 2,576 2,397 3,488 2,761 2,858 2,460
Revenue adjustm ent* 0 0 11 26 41 52 47
Total revenue (non-GAAP) 2,508 2,576 2,408 3,514 2,802 2,910 2,507
Operating income (U.S. GAAP) 606 647 332 1,276 614 593 359
Revenue adjustm ent* 0 0 11 26 41 52 47
Expense adjustm ent* 67 67 66 72 76 66 83
Operating income (non-GAAP) 674 714 409 1,374 731 711 489
Operating margin (U.S. GAAP) 24.2 25.1 13.9 36.6 22.2 20.7 14.6
Operating margin (non-GAAP) 26.9 27.7 17.0 39.1 26.1 24.4 19.5
Effective tax rate from continuing operations
(non-GAAP)
21.2 28.8 30.6 28.3 30.9 30.7 29.0
EPS from continuing operations - basic in €
(U.S. GAAP)
0.37 0.36 0.18 0.72 0.35 0.34 0.21
EPS from continuing operations - diluted in €
(U.S. GAAP)
0.37 0.36 0.18 0.73 0.34 0.34 0.21
EPS from continuing operations - basic in €
(non-GAAP)
0.41 0.41 0.22 0.78 0.41 0.42 0.29
EPS from continuing operations - diluted in €
(non-GAAP)
0.41 0.41 0.22 0.78 0.41 0.42 0.29
Headcount** 47,804 48,561 49,916 51,536 51,863 51,447 51,274

* Adjustments in the revenue line items are for the Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that SAP is not permitted to recognize as revenue under U.S. GAAP as a result of business combination accounting rules. Adjustments in the operating expense line items are for acquisition-related charges. See explanations of non-GAAP measures for details.

** In full-time equivalents - from continuing operations.

EXPLANATIONS OF NON-GAAP AND NON-IFRS MEASURES

This document discloses certain financial measures, such as non-GAAP revenues, non-GAAP expenses, non-GAAP operating income, non-GAAP operating margin, non-GAAP net income, non-GAAP earnings per share, free cash flow, constant currency revenue, and operating income measures as well as U.S. dollar-based non-GAAP revenue numbers that are not prepared in accordance with U.S. GAAP or IFRS and are therefore considered non-GAAP financial measures. Our non-GAAP financial measures may not correspond to non-GAAP financial measures that other companies report. The non-GAAP financial measures that we report should be considered as additional to, and not as substitutes for or superior to, revenue, operating income, cash flows, or other measures of financial performance prepared in accordance with U.S. GAAP or IFRS. The section above called "U.S. GAAP and Non-GAAP Financial Data (Condensed and Unaudited)" reconciles our non-GAAP financial measures to the corresponding U.S. GAAP measures. On page 50 and 51 of this Interim Report we show the reconciliation from these U.S. GAAP measures to the corresponding IFRS measures.

We believe that it is of interest to investors to receive certain supplemental historical and prospective non-GAAP financial information used by our management in running our business and making financial, strategic, and operational decisions – in addition to financial data prepared in accordance with U.S. GAAP or IFRS – to attain a more transparent understanding of our past performance and our future results. Beginning in 2008, we use these non-GAAP measures as defined below consistently in our planning, forecasting, reporting, compensation, and external communication. Specifically,

  • Our management uses these non-GAAP numbers rather than U.S. GAAP numbers as the basis for financial, strategic, and operating decisions.
  • The variable remuneration components of our board members and employees that are tied to our company's growth and operating performance are based on SAP's achievement of its targets for non-GAAP operating income, cash flow conversion ratio, and non-GAAP operating margin at constant currencies. These targets are monitored on a yearly basis and changed if necessary.
  • The annual budgeting process involving all management units is based on non-GAAP revenues and non-GAAP operating income numbers rather than U.S. GAAP numbers.
  • All monthly forecast and performance reviews with all senior managers globally are based on these non-GAAP measures rather than U.S. GAAP numbers.
  • Both company-internal target setting and guidance provided to the capital markets are based on non-GAAP revenues and non-GAAP income measures rather than U.S. GAAP numbers.

We believe that our non-GAAP measures are useful to investors for the following reasons:

  • The non-GAAP measures provide investors with insight into management's decision making since management uses these non-GAAP measures to run our business and make financial, strategic, and operating decisions.
  • The non-GAAP measures provide investors with additional information that enables a comparison of yearover-year operating performance by eliminating certain direct effects resulting from acquisitions.

Our non-GAAP financial measures reflect adjustments based on the following items, as well as the related income tax effects:

Non-GAAP Revenue

Revenues in this document identified as non-GAAP revenue have been adjusted from the respective U.S. GAAP and IFRS numbers by including the full amount of Business Objects support revenues that would have been reflected by Business Objects had it remained a standalone entity but which are not permitted to be reflected as revenues under U.S. GAAP and IFRS as a result of fair value accounting for Business Objects support contracts in effect at the time of the Business Objects acquisition.

Under U.S. GAAP and IFRS, we record at fair value the Business Objects support contracts in effect at the time of the acquisition of Business Objects. Consequently, our U.S. GAAP and IFRS support revenues, our U.S. GAAP and IFRS software and software-related service revenues, and our U.S. GAAP and IFRS total revenues for periods subsequent to the Business Objects acquisition do not reflect the full amount of support revenue that Business Objects would have recorded for these support contracts absent the acquisition by SAP. Adjusting revenue numbers for this onetime revenue impact provides additional insight into our ongoing performance. The support contracts are typically one-year contracts, and we expect customers will renew them, which would result in revenues from support fees. However, we cannot provide absolute assurance that these contracts will in fact be renewed.

Non-GAAP Operating Expense

We exclude acquisition-related charges, which are defined as follows:

  • Amortization expense/impairment charges of intangibles acquired in business combinations and certain standalone acquisitions of intellectual property;
  • Expense from purchased in-process research and development;
  • Restructuring expenses and settlements of preexisting relationships as far as incurred in connection with a business combinations; and

• Acquisition-related third-party costs (since the mandatory adoption of SFAS 141R and the revision of IFRS 3) as of January 1, 2009, which requires expensing these costs. The previous version of SFAS 141 and IFRS 3 required capitalization.

Non-GAAP Operating Income, Non-GAAP Operating Margin, Non-GAAP Net Income, and Non-GAAP Earnings per Share

Operating income, operating margin, net income, and earnings per share in this document identified as non-GAAP operating income, non-GAAP operating margin, non-GAAP net income, and non-GAAP earnings per share have been adjusted from the respective operating income, operating margin, net income, and earnings per share numbers as recorded under U.S. GAAP and IFRS (for IFRS it is in addition to the differences between U.S. GAAP and IFRS) by adjusting for the above-mentioned non-GAAP revenues and non-GAAP expenses.

We include these non-GAAP revenues and exclude these non-GAAP expenses for the purpose of calculating non-GAAP operating income, non-GAAP operating margin, non-GAAP net income, and non-GAAP earnings per share when evaluating the continuing operational performance of the Company because these expenses generally cannot be changed or influenced by management after the acquisition other than by disposing of the acquired assets. As management at levels below the Executive Board has no influence on these expenses, we generally do not consider these expenses for the purpose of evaluating the performance of management units. As we believe that our Company-wide performance measures need to be aligned with the measures generally applied by management at varying levels throughout the Company, we exclude these expenses when making decisions to allocate resources, both on a Company level and at lower levels of the organization. In addition, we use these non-GAAP measures to gain a better understanding of the Company's comparative operating performance from period to period and as a basis for planning and forecasting future periods. Considering that management at all levels of the organization is heavily focused on our non-GAAP measures in our internal reporting and controlling, we believe that it is in the interest of our investors that they are provided with the same information.

We believe that our non-GAAP financial measures described above have limitations, which include but are not limited to the following:

  • The eliminated amounts may be material to us.
  • Without being analysed in conjunction with the corresponding U.S. GAAP or IFRS measures, the non-GAAP measures are not indicative of our present and future performance, foremost for the following reasons:
  • The additional insight into our potential future financial performance that our non-GAAP revenue numbers are intended to provide assumes that Business Objects customers renew their maintenance contracts. Projections of our future

revenues made based on these numbers would be overstated if such maintenance renewals do not occur.

  • While our non-GAAP income numbers reflect the elimination of certain acquisition-related expenses, no eliminations are made for the additional revenues that result from the acquisitions.
  • The acquisition-related one-time charges that we eliminate in deriving our non-GAAP income numbers are likely to recur should SAP enter into material business combinations in the future.
  • The acquisition-related amortization expense that we eliminate in deriving our non-GAAP income numbers are recurring expenses that will impact our financial performance in future years.
  • While our non-GAAP revenue numbers are adjusted for a one-time impact only, our non-GAAP expenses are adjusted for both one-time and recurring items. Additionally, the revenue adjustment for the fair value accounting for Business Objects support contracts and the expense adjustment for one-time and recurring acquisition-related charges do not arise from a common conceptual basis as the revenue adjustment aims to improve the comparability of the initial post-acquisition period with future post-acquisition periods while the expense adjustment aims to improve the comparability between post-acquisition periods and pre-acquisition periods. This should particularly be considered when evaluating our non-GAAP operating income and non-GAAP operating margin numbers as these combine our non-GAAP revenues and non-GAAP expenses despite the absence of a common conceptual basis.

We believe, however, that the presentation of the non-GAAP measures in conjunction with the corresponding IFRS or U.S. GAAP measures provide useful information to management and investors regarding present and future business trends relating to our financial condition and results of operations. We therefore do not evaluate our growth and performance without considering both non-GAAP measures and U.S. GAAP or IFRS measures. We caution the readers of this document to follow a similar approach by considering our non-GAAP measures only in addition to, and not as a substitute for or superior to, revenues or other measures of our financial performance prepared in accordance with U.S. GAAP or IFRS.

Free Cash Flow

We believe that free cash flow is a widely accepted supplemental measure of liquidity. Free cash flow measures a company's cash flow remaining after all expenditures required to maintain or expand the business have been paid off. We calculate free cash flow as operating cash flow from continuing operations minus additions to long-lived assets and to intangibles, excluding additions from acquisitions. Free

cash flow should be considered in addition to, and not as a substitute for or superior to, cash flow or other measures of liquidity and financial performance prepared in accordance with U.S. GAAP or IFRS.

Constant Currency Period-Over-Period Changes We believe it is important for investors to have information that provides insight into our sales. Revenue measures determined under U.S. GAAP or IFRS provide information that is useful in this regard. However, both sales volume and currency effects impact period-over-period changes in sales revenue. We do not sell standardized units of products and services, so we cannot provide relevant information on sales volume by providing data on the changes in product and service units sold. To provide additional information that may be useful to investors in breaking down and evaluating changes in sales volume, we present information about our revenue and various values and components relating to operating income that are adjusted for foreign currency effects. We calculate constant currency year-over-year changes in revenue and operating income by translating foreign currencies using the average exchange rates from the previous (comparator) year instead of the report year.

We believe that data on constant currency period-over-period changes has limitations, particularly as the currency effects that are eliminated constitute a significant element of our revenues and expenses and may severely impact our performance. We therefore limit our use of constant currency period-over-period changes to the analysis of changes in volume as one element of the full change in a financial measure. We do not evaluate our results and performance without considering both constant currency period-overperiod changes on the one hand and changes in revenues, expenses, income, or other measures of financial performance prepared in accordance with U.S. GAAP or IFRS on the other. We caution the readers of this document to follow a similar approach by considering data on constant currency period-over-period changes only in addition to, and not as a substitute for or superior to, changes in revenues, expenses, income, or other measures of financial performance prepared in accordance with U.S. GAAP or IFRS.

U.S. Dollar-Based Non-GAAP Revenue Measures Substantially, all of our major competitors report their financial performance in U.S. dollars. Thus changes in exchange rates, particularly in the U.S. dollar to euro rates, affect the financial statements of our competitors differently than our euro-based financial statements. We therefore believe that U.S. dollar-based revenues for SAP provide investors with useful additional information that enables them to better compare SAP's revenue growth with SAP's competitors' revenue growth irrespective of movements in exchange rates. Our U.S. dollar non-GAAP revenues are determined as if SAP's reporting currency were the U.S. dollar. In fact, the reporting currency of our U.S. GAAP and IFRS consolidated financial statements as filed in Germany and in the United States with the U.S. Securities and Exchange Commission is the euro. Additionally, our U.S. dollar non-GAAP revenue numbers have been adjusted from

the respective U.S. GAAP and IFRS revenues by the same support revenue fair value adjustment as our non-GAAP revenues explained above.

SAP's management uses our U.S. dollar non-GAAP revenues to gain a better understanding of SAP's operating results compared to SAP's major competitors.

We believe that our U.S. dollar non-GAAP revenues have limitations, particularly because the impact of currency exchange rate fluctuations and the eliminated amounts may be material to us. We therefore do not evaluate our growth and performance without considering both non-GAAP revenues and euro-based U.S. GAAP and IFRS revenues. We caution the readers of this document to follow a similar approach by considering our U.S. dollar non-GAAP revenues only in addition to, and not as a substitute for or superior to, revenues or other measures of our financial performance prepared in accordance with U.S. GAAP and IFRS and reported in euro.

Explanations of Non-IFRS Measures

Since 2007, we have been required by German and European law to prepare consolidated financial statements in accordance with IFRS. We have not, however, discontinued preparing financial statements under U.S. GAAP but have prepared consolidated financial statements under both U.S. GAAP and IFRS.

We plan to fully migrate to IFRS and discontinue the preparation of U.S. GAAP financial information with effect from the end of 2009. During 2009, we plan to continue to report our financial information according to both IFRS and U.S. GAAP. Our press release for Q4/2009 will be the last document in which we will provide U.S. GAAP financial information. In our annual report as well as our annual report on Form 20-F for fiscal year 2009 and all quarterly and annual reports thereafter, we plan to include only IFRS financial statements, and we plan to base our business outlook for 2010 and years thereafter on non-IFRS numbers derived from IFRS numbers. Concurrently with this change in our external financial communication, we will modify our internal management reporting, planning and forecasting, and variable compensation plans to align to the non-IFRS numbers we provide in our external communication.

To give our investors an insight into what our migration from U.S. GAAP/non-GAAP to IFRS/non-IFRS will mean for SAP's key performance measures, the section titled "Significant differences between IFRS and U.S. GAAP and their effect on SAP's financial statements for the first nine months 2009" shows a reconciliation from our U.S. GAAP and non-GAAP numbers to their most comparable IFRS and non-IFRS numbers. Note: Our non-GAAP and non-IFRS numbers are not prepared under a comprehensive set of accounting rules or principles. For more information on our non-GAAP measures, which also applies to our non-IFRS numbers subject to the additional explanations below, see the explanations of Non-GAAP measures above.

Our non-GAAP measures and our non-IFRS measures have been adjusted from the respective U.S. GAAP and IFRS numbers by:

  • Including the full amount of Business Objects support revenue that Business Objects would have recognized had it remained a standalone entity but that we are not permitted to recognize as revenue under U.S. GAAP and IFRS as a result of fair value accounting for Business Objects support contracts in effect at the time of the Business Objects acquisition; and
  • Excluding acquisition-related charges.

However, the adjustment amounts for acquisition-related charges differ between our non-GAAP measures and our non-IFRS measures, due to differences between U.S. GAAP and IFRS. Specifically:

  • For acquisitions taking place up to the end of 2008, U.S. GAAP required that certain acquisition-related restructuring costs were accounted for as liabilities assumed in a business combination under U.S. GAAP while being charged to expense under IFRS. Consequently, these costs are eliminated only in our non-IFRS numbers.
  • For acquisitions taking place up to the end of 2008, purchased in-process research and development was charged to expense immediately under U.S. GAAP while being capitalized and amortized over the expected life under IFRS. Consequently, the immediate charge to expense is only eliminated in our non-GAAP measures while the amortization is only eliminated in our non-IFRS measures.

After the application of SFAS 141R and the revision to IFRS 3, the accounting has been aligned under both U.S. GAAP and IFRS. Therefore, we do not expect material differences in acquisition-related restructuring costs and purchased inprocess research and development going forward.

Additionally, our non-IFRS measures have been adjusted from the respective IFRS numbers for the results from our discontinued TomorrowNow operations. Under U.S. GAAP, we present the results of operations of the TomorrowNow entities as discontinued operations. Under IFRS, results of discontinued operations may only be presented as discontinued operations if a separate major line of business or geographical area of operations is discontinued. Our TomorrowNow operations were not a separate major line of business and thus did not qualify for separate presentation under IFRS. We believe that this additional adjustment is useful to investors for the following reasons:

• Despite the migration from U.S. GAAP to IFRS, SAP will continue to view the TomorrowNow operations as discontinued operations and thus will continue to exclude potential future TomorrowNow results from its internal management reporting, planning, forecasting, and compensation plans. Therefore, adjusting our non-IFRS measures for the results of the discontinued TomorrowNow operations provides insight into the

financial measures that SAP will use internally once SAP has fully migrated to IFRS.

• By adjusting the non-IFRS numbers for the results from our discontinued TomorrowNow operations, the non-IFRS number is more comparable to the non-GAAP measures that SAP uses currently, which makes SAP's performance measures before and after the full IFRS migration easier to compare.

SIGNIFICANT DIFFERENCES BETWEEN IFRS AND U.S. GAAP AND THEIR EFFECT ON SAP'S FINANCIAL STATEMENTS FOR THE FIRST NINE MONTHS 2009

SAP prepares financial statements in accordance with the accounting principles generally accepted in the United States of America (U.S. GAAP) and the International Financial Reporting Standards (IFRS). In our financial statements, we have exercised discretions available to issuers in ways that maximize the consistency between our U.S. GAAP and IFRS numbers and avoid many of the differences between the two sets of standards. For example, our revenue recognition was nearly the same under U.S. GAAP and IFRS with only a slightly different revenue figure in 2008, which was the result of the different disclosure requirements for our discontinued operation TomorrowNow. However, some requirements for reporting under U.S. GAAP and IFRS are irreconcilably different, leading to unavoidable differences in numbers or presentation. The aspects where we were unable to avoid differences are:

ACQUISITION-RELATED RESTRUCTURING EXPENSES For acquisitions taking place up to the end of 2008, U.S. GAAP required, in certain circumstances, that restructuring expenses incurred in connection with a business combination were shown as an assumed liability and therefore did normally not affect income. However, this restructuring expense must be shown as a current expense under IFRS. In the first nine months of 2009, our restructuring expenses (including, among others, adjustments to the carrying amounts of fixed assets) resulted in €5 million more operating expense under IFRS than under U.S. GAAP (2008: €27 million). With the new standards for business combinations of IFRS and U.S. GAAP (SFAS 141R and IFRS 3 revised), the accounting has been aligned under both U.S. GAAP and IFRS. Therefore, we do not expect material differences going forward.

RESTRUCTURING EXPENSES

Under both IFRS and U.S. GAAP we recognized provisions for the planned reduction of workforce. In certain scenarios, restructuring obligations including provisions for severance payments and for unused lease space are recognized earlier under IFRS than under U.S. GAAP. As a result of this difference, we included a higher expense of €1 million in our IFRS financial statements for the first nine months of 2009 (2008: €0 million).

ACQUIRED IN-PROCESS RESEARCH AND DEVELOPMENT For acquisitions taking place up to the end of 2008, under U.S. GAAP, all in-process research and development acquired in connection with a business combination must be amortized immediately. Under IFRS, if certain criteria are met, it must be shown as an asset and, once completed and ready for market, amortized over its normal useful life. In the first nine months of 2009, this resulted in €2 million higher operating expenses under IFRS than under U.S. GAAP (2008: €11 million less operating expenses under IFRS). With the new standards for business combinations of IFRS and U.S. GAAP (SFAS 141R and IFRS 3 revised), the accounting has been aligned under both U.S. GAAP and IFRS.

Therefore, we do not expect material differences going forward.

DISCONTINUED OPERATIONS

Our U.S. GAAP income statement shows the revenue and income of our TomorrowNow subsidiary's activities separately because we discontinued its operation. IFRS does not allow us to show them separately because TomorrowNow was not a material operation. However, this did not result in differences in revenues between U.S. GAAP and IFRS in the first nine months of 2009, as the operations of TomorrowNow were wound down in the fourth quarter of 2008. In the first nine months of 2008, this led to our only difference between our disclosures of revenue under U.S. GAAP and IFRS: whereas we included TomorrowNow revenue of €9 million in our IFRS income statement for the first nine months of 2008, we disclosed it as income from discontinued operations in our corresponding U.S. GAAP income statement. Similarly, in our U.S. GAAP income statement we do not include €23 million (2008: €47 million) expenses relating to discontinued operations as operating expenses but as income from discontinued operations. Consequently, these expenses affect our IFRS operating profit but not our U.S. GAAP operating income.

PROVISIONS FOR LITIGATION COSTS

The accounting requirements regarding provisions are different under IFRS compared to U.S. GAAP. Particularly, the probability threshold for recording provisions is lower under IFRS than under U.S. GAAP and the measurement differs in certain scenarios. Consequently, provisions (e.g. for litigations) may be recorded earlier or at a higher amount under IFRS compared to U.S. GAAP. In addition, under IFRS litigation provisions include attorney's fees and other legal costs whereas under U.S. GAAP we record these expenses when incurred. As a result of this difference, we include a lower expense of €12 million in our IFRS financial statements for the first nine months of 2009 (2008: higher expenses under IFRS of €21 million).

DEFERRED TAXES

Where differences between our IFRS financial statements and our U.S. GAAP financial statements arise out of taxrelevant transactions that result in temporary differences between the financial statements and our tax accounts, they also result in differences in the deferred tax in our IFRS financial statements and our U.S. GAAP financial statements.

RECONCILIATION OF KEY FINANCIALS OF THE CONSOLIDATED STATEMENTS OF INCOME THIRD QUARTER ENDED SEPTEMBER 30 , (IFRS AND U.S. GAAP)

€ millions, unless otherwise stated 2009 2008 Change in %
IFRS IFRS vs. U.S. IFRS IFRS vs. U.S. IFRS U.S.
U.S. GAAP U.S. GAAP GAAP
GAAP GAAP
Difference Difference
Software revenue 525 0 525 764 -1 763 -31 -31
Support revenue 1,333 0 1,333 1,169 -2 1,167 14 14
Subscription and other software-related service
revenue 79 0 79 63 1 64 25 23
Software and software-related service revenue 1,937 0 1,937 1,996 -2 1,994 -3 -3
Consulting revenue 484 0 484 618 -1 617 -22 -22
Training revenue 60 0 60 104 1 105 -42 -43
Other service revenue 20 0 20 26 0 26 -23 -23
Professional services and other service revenue 564 0 564 748 0 748 -25 -25
Other revenue 7 0 7 19 0 19 -63 -63
Total revenue 2,508 0 2,508 2,763 -2 2,761 -9 -9
Cost of software and software-related services -414 2 -412 -393 12 -381 5 8
Cost of professional services and other services -436 0 -436 -582 -1 -583 -25 -25
Research and development -382 1 -381 -397 -1 -398 -4 -4
Sales and marketing -515 0 -515 -635 1 -634 -19 -19
General and administration -133 -3 -136 -157 1 -156 -15 -13
Restructuring -10 -11 -21 -14 14 0 -29 N/A
Other operating income/expense, net 1 -2 -1 5 0 5 -80 < -100
Total operating expenses -1,889 -12 -1,902 -2,173 26 -2,147 -13 -11
Operating income 619 -12 606 590 24 614 5 -1
Other non-operating income/expense, net -39 -2 -41 1 6 7 < -100 < -100
Financial income/expense, net -18 5 -13 -19 0 -19 -5 -32
Income from continuing operations before income
taxes 562 -10 552 572 30 602 -2 -8
Income taxes -115 -1 -116 -187 -5 -192 -39 -40
Income from continuing operations 447 -11 436 385 25 410 16 6
Loss from discontinued operations, net of tax 0 -1 -1 0 -21 -21 0 -95
Net income 447 -12 435 385 4 389 16 12
- profit attributable to noncontrolling interests 0 0 0 0 1 1 0 -100
- profit attributable to shareholders of SAP AG 447 -12 435 385 3 388 16 12
Earnings per share (EPS)
EPS from continuing operations – basic in € 0.38 0.37 0.32 0.35 19 6
EPS from continuing operations – diluted in € 0.38 0.37 0.32 0.34 19 9
EPS attributable to shareholders of SAP AG – basic
in € 0.38 0.37 0.32 0.33 19 12
EPS attributable to shareholders of SAP AG –
diluted in € 0.38 0.37 0.32 0.33 19 12
Weighted average number of shares in millions - basic 1,188 1,188 1,188 1,188
Weighted average number of shares in millions - diluted 1,189 1,189 1,190 1,190
Key ratios
Operating margin in % 24.7 24.2 21.4 22.2 3.3pp 2.0pp
Effective tax rate from continuing operations in % 20.5 21.0 32.7 31.9

RECONCILIATION OF KEY FINANCIALS OF THE CONSOLIDATED STATEMENTS OF INCOME NINE MONTHS ENDED SEPTEMBER 30 , (IFRS AND U.S. GAAP)

€ millions, unless otherwise stated 2009 2008 Change in %
IFRS IFRS vs. U.S. IFRS IFRS vs. U.S. IFRS U.S.
U.S. GAAP U.S. GAAP GAAP
GAAP GAAP
Difference Difference
Software revenue 1,487 0 1,487 2,284 -1 2,283 -35 -35
Support revenue 3,922 0 3,922 3,332 -8 3,324 18 18
Subscription and other software-related service
revenue 223 0 223 184 0 184 21 21
Software and software-related service revenue 5,632 0 5,632 5,800 -9 5,791 -3 -3
Consulting revenue 1,554 0 1,554 1,833 -1 1,832 -15 -15
Training revenue 202 0 202 322 1 323 -37 -37
Other service revenue 67 0 67 77 0 77 -13 -13
Professional services and other service revenue 1,823 0 1,823 2,232 0 2,232 -18 -18
Other revenue 27 0 27 55 1 56 -51 -52
Total revenue 7,482 0 7,482 8,087 -9 8,079 -7 -7
Cost of software and software-related services -1,200 8 -1,192 -1,223 57 -1,166 -2 2
Cost of professional services and other services -1,423 0 -1,423 -1,730 -1 -1,731 -18 -18
Research and development -1,120 2 -1,118 -1,221 -15 -1,236 -8 -10
Sales and marketing -1,590 1 -1,589 -1,914 2 -1,912 -17 -17
General and administration -395 2 -393 -478 1 -477 -17 -18
Restructuring -193 7 -186 -27 27 0 > 100 N/A
Other operating income/expense, net 6 -1 5 4 5 9 50 -44
Total operating expenses -5,915 20 -5,896 -6,589 76 -6,513 -10 -9
Operating income 1,567 20 1,586 1,498 68 1,566 5 1
Other non-operating income/expense, net -62 -1 -63 19 6 25 < -100 < -100
Financial income/expense, net -60 7 -53 -34 0 -34 76 56
Income from continuing operations before income
taxes
Income taxes
1,445
-376
25
-17
1,470
-393
1,483
-468
74
-21
1,557
-489
-3
-20
-6
-20
Income from continuing operations 1,069 8 1,077 1,015 53 1,068 5 1
Loss from discontinued operations, net of tax 0 -15 -15 0 -29 -29 0 -48
Net income 1,069 -7 1,062 1,015 24 1,039 5 2
- profit attributable to noncontrolling interests 1 0 1 1 0 1 0 0
- profit attributable to shareholders of SAP AG 1,068 -7 1,061 1,014 24 1,038 5 2
Earnings per share (EPS)
EPS from continuing operations – basic in € 0.90 0.91 0.85 0.90 6 1
EPS from continuing operations – diluted in € 0.90 0.91 0.85 0.89 6 2
EPS attributable to shareholders of SAP AG – basic
in € 0.90 0.89 0.85 0.87 6 2
EPS attributable to shareholders of SAP AG –
diluted in € 0.90 0.89 0.85 0.87 6 2
Weighted average number of shares in millions - basic 1,188 1,188 1,192 1,192
Weighted average number of shares in millions - diluted 1,189 1,189 1,193 1,193
Key ratios
Operating margin in % 20.9 21.2 18.5 19.4 2.4pp 1.8pp
Effective tax rate from continuing operations in % 26.0 26.7 31.6 31.4

REVENUE BY REGION THIRD QUARTER ENDED SEPTEMBER 30 (IFRS and U.S. GAAP)

€ millions 2009 2008 Change in %
IFRS IFRS vs.
U.S.
GAAP
Difference
U.S.
GAAP
IFRS IFRS vs.
U.S.
GAAP
Difference
U.S.
GAAP
IFRS U.S.
GAAP
Software revenue by region*
EMEA 254 0 254 344 0 344 -26 -26
Americas 180 0 180 280 0 280 -36 -36
Asia Pacific Japan 91 0 91 139 0 139 -35 -35
Software revenue 525 0 525 764 -1 763 -31 -31
Software and software-related
service revenue by region*
Germany 342 0 342 393 0 393 -13 -13
Rest of EMEA 695 0 695 658 0 658 6 6
Total EMEA 1,037 0 1,037 1,051 0 1,051 -1 -1
United States 476 0 476 488 -2 486 -2 -2
Rest of Americas 167 0 167 178 0 178 -6 -6
Total Americas 643 0 643 666 -2 664 -3 -3
Japan 89 0 89 98 0 98 -9 -9
Rest of Asia Pacific Japan 168 0 168 180 1 181 -7 -7
Total Asia Pacific Japan 257 0 257 279 0 279 -8 -8
Software and software-related
service revenue
1,937 0 1,937 1,996 -2 1,994 -3 -3
Total revenue by region*
Germany 481 0 481 569 0 569 -15 -15
Rest of EMEA 858 0 858 875 0 875 -2 -2
Total EMEA 1,339 0 1,339 1,444 0 1,444 -7 -7
United States 628 0 628 717 0 717 -12 -12
Rest of Americas 222 0 222 238 -1 237 -7 -6
Total Americas 850 0 850 955 -1 954 -11 -11
Japan 102 0 102 120 0 120 -15 -15
Rest of Asia Pacific Japan 216 0 216 243 0 243 -11 -11
Total Asia Pacific Japan 319 0 319 364 -1 363 -12 -12
Total revenue 2,508 0 2,508 2,763 -2 2,761 -9 -9

* based on customer location

REVENUE BY REGION NINE MONTHS ENDED SEPTEMBER 30 (IFRS and U.S. GAAP)

€ millions 2009 2008 Change in %
IFRS IFRS vs.
U.S.
GAAP
Difference
U.S.
GAAP
IFRS IFRS vs.
U.S.
GAAP
Difference
U.S.
GAAP
IFRS U.S.
GAAP
Software revenue by region*
EMEA 726 0 726 1,080 0 1,080 -33 -33
Americas 496 0 496 803 0 803 -38 -38
Asia Pacific Japan 265 0 265 401 -1 400 -34 -34
Software revenue 1,487 0 1,487 2,284 -1 2,283 -35 -35
Software and software-related
service revenue by region*
Germany 948 0 948 1,048 0 1,048 -10 -10
Rest of EMEA 2,002 0 2,002 2,033 -1 2,032 -2 -1
Total EMEA 2,950 0 2,950 3,081 -1 3,080 -4 -4
United States 1,417 0 1,417 1,378 -7 1,371 3 3
Rest of Americas 479 0 479 519 -1 518 -8 -8
Total Americas 1,896 0 1,896 1,896 -7 1,889 0 0
Japan 292 0 292 273 0 273 7 7
Rest of Asia Pacific Japan 494 0 494 549 0 549 -10 -10
Total Asia Pacific Japan 786 0 786 822 0 822 -4 -4
Software and software-related
service revenue
5,632 0 5,632 5,800 -9 5,791 -3 -3
Total revenue by region*
Germany 1,376 0 1,376 1,546 0 1,546 -11 -11
Rest of EMEA 2,531 0 2,531 2,722 -1 2,721 -7 -7
Total EMEA 3,907 0 3,907 4,268 -1 4,267 -8 -8
United States 1,941 0 1,941 2,061 -6 2,055 -6 -6
Rest of Americas 647 0 647 689 -1 688 -6 -6
Total Americas 2,588 0 2,588 2,750 -7 2,743 -6 -6
Japan 348 0 348 347 0 347 0 0
Rest of Asia Pacific Japan 639 0 639 722 0 722 -11 -11
Total Asia Pacific Japan 987 0 987 1,069 0 1,069 -8 -8
Total revenue 7,482 0 7,482 8,087 -9 8,079 -7 -7

* based on customer location

RECONCILIATION FROM U.S. GAAP AND NON-GAAP TO IFRS AND NON-IFRS NUMBERS THIRD QUARTER ENDED SEPTEMBER 30

€ millions, unless otherwise stated 2009 Change in %
U.S. IFRS vs. IFRS U.S. IFRS vs. IFRS U.S. IFRS
GAAP U.S. GAAP U.S. GAAP
GAAP GAAP
Diff. Diff.
Non-GAAP / Non-IFRS Revenue
U.S. GAAP / IFRS software and software
related service revenue 1,937 0 1,937 1,994 2 1,996 -3 -3
Discontinued operations 0 0 0 0 -2 -2
Deferred revenue write-down 0 0 0 41 0 41
Non-GAAP / Non-IFRS software and software
related service revenue 1,937 0 1,937 2,035 0 2,035 -5 -5
U.S. GAAP / IFRS total revenue 2,508 0 2,508 2,761 2 2,763 -9 -9
Discontinued operations 0 0 0 0 -2 -2
Deferred revenue write-down 0 0 0 41 0 41
Non-GAAP / Non-IFRS total revenue 2,508 0 2,508 2,802 0 2,802 -10 -10
Non-GAAP / Non-IFRS Operating Income
U.S. GAAP / IFRS operating income 606 12 619 614 -24 590 -1 5
Discontinued operations 0 2 2 0 20 20
Deferred revenue write-down 0 0 0 41 0 41
Acquisition-related charges 67 -1 66 76 11 87
Non-GAAP / Non-IFRS operating income 674 13 687 731 7 738 -8 -7
Non-GAAP / Non-IFRS Operating Margin
U.S. GAAP / IFRS operating margin in % 24.2 24.7 22.2 21.4 2.0 pp 3.3 pp
Non-GAAP / Non-IFRS operating margin in % 26.9 27.4 26.1 26.3 0.8 pp 1.1 pp

RECONCILIATION FROM U.S. GAAP AND NON-GAAP TO IFRS AND NON-IFRS NUMBERS NINE MONTHS ENDED SEPTEMBER 30

€ millions, unless otherwise stated 2009 2008 Change in %
U.S. IFRS vs. IFRS U.S. IFRS vs. IFRS U.S. IFRS
GAAP U.S. GAAP U.S. GAAP
GAAP GAAP
Diff. Diff.
Non-GAAP / Non-IFRS Revenue
U.S. GAAP / IFRS software and software
related service revenue 5,632 0 5,632 5,791 9 5,800 -3 -3
Discontinued operations 0 0 0 0 -9 -9
Deferred revenue write-down 11 0 11 140 0 140
Non-GAAP / Non-IFRS software and software
related service revenue 5,643 0 5,643 5,931 0 5,931 -5 -5
U.S. GAAP / IFRS total revenue 7,482 0 7,482 8,079 9 8,087 -7 -7
Discontinued operations 0 0 0 0 -9 -9
Deferred revenue write-down 11 0 11 140 0 140
Non-GAAP / Non-IFRS total revenue 7,493 0 7,493 8,219 0 8,219 -9 -9
Non-GAAP / Non-IFRS Operating Income
U.S. GAAP / IFRS operating income 1,586 -20 1,567 1,566 -68 1,498 1 5
Discontinued operations 0 8 8 0 53 53
Deferred revenue write-down 11 0 11 140 0 140
Acquisition-related charges 200 7 207 225 16 241
Non-GAAP / Non-IFRS operating income 1,798 -6 1,792 1,931 1 1,932 -7 -7
Non-GAAP / Non-IFRS Operating Margin
U.S. GAAP / IFRS operating margin in % 21.2 20.9 19.4 18.5 1.8 pp 2.4 pp

Non-GAAP / Non-IFRS operating margin in % 24.0 23.9 23.5 23.5 0.5 pp 0.4 pp

ADDITIONAL INFORMATION

FINANCIAL CALENDAR

JANUARY 27, 2010 Fourth quarter and full year 2009, preliminary earnings release, analyst conference

APRIL 28, 2010 First quarter 2010, preliminary earnings release, telephone conference

JUNE 8, 2010 Annual General Meeting of Shareholders, Mannheim, Germany

JULY 27, 2010 Second quarter 2010, preliminary earnings release, telephone conference

INVESTOR SERVICES

SAP offers additional services and resources at our investor relations Web site, www.sap.com/investor, to help investors learn more about SAP stock including, for example, our e-mail newsletter and text message services.

From our investor relations Web site under Financial Reports you can also access SAP's Annual Report for 2008, and SAP's Annual Report for 2008 on Form 20-F online or you can download the PDF version. SAP´s interactive online Sustainability Report is also available. If you would like to order a printed copy of the Annual Report or subscribe to the SAP INVESTOR shareholder magazine, you can do so on our site or by e-mail to [email protected]. If you prefer to order by phone or fax, you can reach us at the following investor services numbers:

Europe, Asia Pacific Japan, Africa

Tel. +49 6227 7-67336 Fax +49 6227 7-40805

Americas

Tel. +1 877 727 7862 Fax +1 212 653 9602

ADDRESSES

SAP AG

Dietmar-Hopp-Allee 16 69190 Walldorf Germany Tel. +49 6227 7-47474 Fax +49 6227 7-57575 Internet www.sap.com E-mail [email protected]

All international subsidiaries are listed on www.sap.com under "Our Company/ SAP Subsidiaries".

INFORMATION ABOUT CONTENT:

Investor Relations: Tel. +49 6227 7-67336 Fax +49 6227 7-40805 E-mail [email protected]

Press: Tel. +49 6227 7-46311 Fax +49 6227 7-46331 E-mail [email protected]

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OVERALL RESPONSIBILITY:

SAP AG Investor Relations

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