The following terms and con-
ditions shall be binding on you and Dassault Systèmes Simulia Corp. (DSSC) if you participate in the SIMULIA Virtual Benchmark program (aka Virtual Test Drive).

I. SIMULIA Virtual Benchmark
Program Description
The SIMULIA Virtual Benchmark program permits you to upload a model file via a public website for a time comparison bench- mark. DSSC engineers will run the benchmark and provide you with a runtime comparison of the simulation on a specific computer configuration provided that you meet certain precondi- tions. DSSC is only providing a time comparison benchmark and is not providing any infor- mation and/or analysis as to the accuracy of the simulation contained in your model file.

II. Pre-Conditions for
Participation in the Virtual Benchmark Program
a. You must be a current Abaqus licensee located in the U.S.; and
b. You must complete and submit a pre-qualification form; and
c. You must include both an input file and log file from a successful simulation analysis; and
d. The above files must be self-contained and cannot include subroutines; and
e. The analysis runtime must be 36 hours or less on customer’s current equipment.
f. A maximum of four (4) model files may be submitted for benchmarking per customer, unless otherwise agreed by DSSC.


III. Provision of Results
a. DSSC will provide you with a runtime comparison of the simulation on specific computer configurations provided by SIMULIA and our compute resource partners. DSSC is not providing information and/or analysis as to any other aspect of the simulation contained in your model file, including but not limited to, accuracy of your simulation.
b. DSSC will provide the runtime comparison results as soon as reasonably possible based on the order that your file was received. Such results shall be provided to you to the e-mail address supplied by you on your pre-qualification form.
c. DSSC does not warrant the time results provided or that you will receive the same or similar simulation results on your computer configuration. THE TIME RESULTS ARE PROVIDED “AS IS” AND DSSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.


IV. Data Transfer Website
DSSC disclaims all responsibility for use of any website for data transmission related to the SIMULIA Virtual Benchmark program, including but not limited to, unauthorized access, or any virus or harmful program received via the service. You agree that you will be solely responsible for any damages that you may incur as a result of sending and receiving infor- mation over the designated websites for this SIMULIA Virtual Benchmark program. No infor- mation or data provided by you as a participant in this SIMULIA Virtual Benchmark program, and/or the results therefrom shall be treated as proprietary and/or confidential information. You agree that DSSC may provide to any third party and/or publish any results from this SIMULIA Virtual Benchmark program without restriction.

V. Limitation of Liability
IN NO EVENT SHALL DSSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED AGENTS, OR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGED OR CORRUPTED DATA, WHETHER ARISING UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY AND REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN MADE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VI. General Provisions
a. These terms and conditions state the entire agreement between you and DSSC as regards the SIMULIA Virtual Benchmark program and supersede any prior agreement, oral or written, relating to the SIMULIA Virtual Benchmark program.
b. In the event of a conflict between anything on any website(s) related to the SIMULIA Virtual Benchmark program and these terms and conditions, these terms and conditions shall prevail.
c. This agreement shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions.