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Legal Disclaimer

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.
Copyright© 2005, MISMO, Inc. All Rights Reserved. This material may not be reproduced in any form without permission.