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MXCompliance
Disclaimer of Liability
THIS
DISCLAIMER LIMITS THE LIABILITY OF MISMO AND ITS AFFILIATES.
READ THE ENTIRE DISCLIMER BEFORE RELYING ON ANY MXCOMPLIANCE
CERTIFICATE. IF YOU RELY ON ANY
MXCOMPLIANCE CERTIFICATE AND THEREBY ACCEPT THE BENEFIT OF MXCOMPLIANCE
SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS CONSENT TO DISCLAIMER OF
LIABILITY.
MISMO
makes no representation that a product certified by MSCompliance (“Certified
Product”) will operate free from defect, without error or according to its
applicable design standards, or that Certified Product and the systems of third
parties will be interoperable.
Reference
Standards are the definition of what mandatory and optional behavior and
characteristics a product or service must demonstrate in order to be certified
as compliant with the applicable MISMO Standards and MISMO Workgroup Test
Guides. The current Reference Standards
are found at mxcompliance.mismo.org.
Reference Standards do not differentiate between a specific business
transaction requirements. Examples
include the specific required elements that would differentiate between a
Prime, Sub-prime, or ARM Mortgage Insurance transaction.
LIMITED SCOPE OF MXCOMPLIANCE
SERVICES
MXCompliance
Authority or MXCA is an organization responsible for developing, maintaining
and interpreting the Reference Standards.
Additionally, the organization manages
the day-to-day operations of the MXCompliance Services.
The
MXCompliance Services provided by MISMO are limited to the following testing
services:
A
party seeking MXCompliance services (an “Applicant”) Applicant will select one
of three
MXCompliance
Services: Verification, Import, or Export.
The Verification
Service is intended for organizations that wish to verify previously Certified
Products. The Import and Export Services
are used by Applicants seeking certification of their product.
Products that read or import MISMO XML instance files will
download test files for a self evaluation.
Products that export or write MISMO XML instance files
will upload copies to the
MXCompliance
website and run against an automated validation routine.
Export support logic for standard MISMO interface specifications and for
valid MIMSO extensions.
(MXCA will archive all test
results preformed by
MXCompliance
Services. The archives will be kept for 5 years to provide an auditable trail.
Archived
files are not directly available to third parties.
These files are used by Verification Services and in certification dispute
resolution.
Verification
Verification is the process of verifying a previously Certified Product. The
MXCompliance
Verification Service will compare uploaded files with files archived during the
certification process for a specific product and version. Applicant will
receive success or failure (listing errors) messages during Verification
execution. Success will indicate an exact match to the Certified Product and
indicate compliance to the Reference Standards. Failure will indicate that the
files have been modified since they were certified and void compliance of the
Certified Product. When a failure occurs, notice will be delivered to the MXCA.
Verification Service is not yet available.
Import
The Import Service is used by Applicants seeking certification of products that read MISMO Reference Standards. The
Applicant will download three instance files generated by the MXCA. Applicants
will be required to import these test files into their products and report the
results. Applicants will verify well-formed XML, data type checking, and Work
Group Test Guides. For certification, Applicants will upload all relative
events or audit logs and provide any additional proof of compliance testing
results. The final step of certification will require the Applicant to attest
to compliance of their product. A notice will be delivered to the MXCA upon
completion of the Import Service requirements.
Export
The Export Service is used by Applicants seeking certifications of products that write MISMO standards. The Applicant will
upload three instance files and their DTD/Schema when extensions are used. XML
extensions must meet qualified published MISMO Engineering Guidelines (either
the EXTENSION container approach, or the company name/state
abbreviation/stock-ticker symbol approach was used). An automated service will
certify DTD/Schema validation, Data Type checking, Work Group Test Guides, and
valid MISMO extensions.
Upon
successful completion of MXCompliance Export or Import Services, a thorough
review of test results and all collected collateral will be performed by the
MXC Administrator. Once proof of
compliance is demonstrated an MXCompliance Trademark License Agreement (the
“Lincense Agreement”) is presented to the Applicant for execution.
An Applicant may not use any MXCompliance Trademark (“Certificate Mark”)
unless it executes and abides by the License Agreement. Verification Service
results will indicate success or failure.
MISMO
does not define standards for XML Schema; nevertheless MXCA will rely on schema
for Export Service certification. MXCA will utilize schema representation of
the DTDs generated by MISMO Work Groups.
Over
time, MXCA will release new versions of the
MXCompliance
Services. This may include new MISMO Work Group specifications, new/improved
validation tests, or updated Policy requirements. Formal releases are
categorized as either a maintenance release or enhancement release, depending
on the nature of the changes.
MXCompliance
can not predict the interval of new versions as it is dependent on MISMO for a
majority of the Reference Standards.
LIMITATION OF LIABILITY
ANY PARTY RELYING UPON AN MXCOMPLIANCE CERTIFICATION (‘RELYING PARTY”) AGREES
AND ACKNOWLEDGES THAT EVERY BUSINESS DECISION TO SOME DEGREE REPRESENTS AN
ASSUMPTION OF RISK AND THAT MISMO AND ITS AFFILIATES, IN FURNISHING
MXCOMPLIANCE SERVICES, DO NOT ASSUME RELYING PARTY’S RISK. RELYING PARTY AGREES
NOT TO HOLD MISMO OR ANY AFFILIATE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF
OR CAUSED, IN WHOLE OR IN PART, BY MISMO OR SUCH AFFILIATE’S ACTS OR OMISSIONS,
WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING,
INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE MXCOMPLIANCE SERVICES
OR ANY CERTIFICATION MARK. NEITHER MISMO NOR ANY OF ITS AFFILIATES SHALL BE
LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING
IN ANY WAY FROM (A) ANY PRODUCTS OR SERVICES PROVIDED TO RELYING PARTY BY ANY
APPLICANT, (B) INACCURACIES OR ERRORS IN, OR OMISSIONS PROVIDED TO MISMO BY
APPLICANT OR ANY THIRD PARTY, OR (C) USE OF ANY CERTIFICATION MARK OR RELATED
TAG (REGARDLESS OF WHETHER IT RECEIVED ANY ASSISTANCE FROM MISMO OR ANY MISMO
AFFILIATE IN USING SUCH). RELYING PARTY AGREES AND ACKNOWLEDGES THAT RELIANCE
ON A MISMO CERTIFICATION MARK OR OTHER MATERIALS, INFORMATION, OR DATA
OTHERWISE PROVIDED BY MISMO OR ANY MISMO AFFILIATE IS AT THE RISK OF THE PARTY
SO RELYING, AND IN NO WAY WILL MISMO OR ANY MISMO AFFILIATE BE LIABLE FOR ANY
PARTY’S DECISION TO ENTER INTO OR REFRAIN FROM ENTERING INTO ANY TRANSACTION
FOR ANY REASON.
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