Purpose - Top level aseXML schema
Detail - This schema should be referenced by all aseXML compliant messages. Details of aseXML may be found in "Guidelines for Development of A Standard for Energy Transactions in XML (aseXML)".
After including the relevant sub-schemas, the aseXML message envelope element is defined.
Disclaimer and Reservation of Rights
1 Use of the AseXML Standard
National Electricity Market Management Company (NEMMCO) grants to you a non-exclusive, non-transferable licence to use, copy, reproduce, communicate, modify and adapt the AseXML Standard (including a right to create derivative works based on the AseXML Standard) solely for purposes relating to your role as a gas or electricity market operator in Australia and for the use of participants in those markets.
You must ensure that your Related Entities and your respective Representatives comply with these Terms of Use.
2 Changes to the AseXML Standard
(a) You must not change the AseXML Standard without complying with the ASWG Terms of Reference.
(b) NEMMCO will not change the AseXML Standard without complying with the ASWG Terms of Reference.
(c) You must disclose all modifications you make to the AseXML Standard to ASWG and to NEMMCO (in such form as they request from time to time). You must also provide ASWG and NEMMCO with any information and assistance they may reasonably request regarding the modification.
(d) You assign (or will procure an assignment) to NEMMCO of all Intellectual Property Rights you have in any modifications you make to the AseXML Standard. The assignment will take effect from the creation of the modification. NEMMCO licenses you to use the AseXML Standard as part of the licence granted to you under paragraph 1.
(e) You warrant that any modifications you make to the AseXML Standard will not infringe the Intellectual Property Rights of any person.
3 No licence fee
You are licensed to use the AseXML Standard free of charge.
4 Independent Confirmation
Use of the AseXML Standard is solely at your own risk. NEMMCO strongly advises that you independently confirm that the AseXML Standard is suitable for your purposes before you use it.
5 No Warranty
The AseXML Standard is supplied “as is” and without any warranty or condition, express or implied. In particular, NEMMCO does not warrant or represent that:
(a) the AseXML Standard will be suitable for your purposes;
(b) the AseXML Standard will be accurate, reliable, complete, or up to date;
(c) the AseXML Standard is free from computer viruses (including macro viruses) or other programs that may affect software or systems of users; or
(d) use of the AseXML Standard will not infringe the Intellectual Property Rights of any person.
6 No Liability
To the maximum extent permitted by law, NEMMCO has no liability (whether arising from negligence or otherwise) for any loss, damage, costs or expenses that you may suffer or incur in connection with the AseXML Standard or its use.
If NEMMCO is required by law to accept liability to you, NEMMCO’s liability is limited (at its election) to the re-supply of the particular goods or services or to the cost of this re-supply.
7 Intellectual Property Rights
NEMMCO owns all Intellectual Property Rights in the AseXML Standard.
You will own all Intellectual Property Rights in any works (including computer programs) created using the AseXML Standard.
8 Infringement and third party claims
You must promptly notify NEMMCO if you become aware of any infringement of NEMMCO’s rights in the AseXML Standard, or of any unauthorised use of the AseXML Standard.
You must provide NEMMCO with all reasonable assistance in connection with any infringement action or third party claim relating to the AseXML Standard.
9 Termination
NEMMCO may terminate these Terms of Use or suspend your rights to the AseXML Standard on written notice to you if:
(a) NEMMCO reasonably suspects that you have breached these Terms of Use;
(b) NEMMCO reasonably suspects or becomes aware (whether as a result of a third party claim or otherwise) that the AseXML Standard, or its use by you, breaches any law or infringes the Intellectual Property Rights of any person.
Termination of these Terms of Use will not prejudice any right of action or remedy that might have accrued to either party, or affect any terms that by their nature survive termination.
10 Governing law
These Terms of Use are governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of the courts Victoria.
11 Variation
These Terms of Use must not be varied except in writing signed by both parties.
12 Assignment
You must not sub-licence assign or otherwise transfer your rights under these Terms of Use to any other person, or otherwise seek to commercialise or exploit the AseXML Standard, without NEMMCO’s prior written consent.
NEMMCO may novate or assign its rights or obligations by notice to you and you must immediately execute any documents necessary to give effect to this.
13 Interpretation
These meanings apply, unless a contrary intention appears
(a) AseXML Standard means the Australian Energy Standard XML language (as developed by or for NEMMCO) and any modifications developed by or licensed to NEMMCO.
(b) ASWG means the AseXML Standard Working Group. The ASWG is the single, technically focussed working group responsible for managing the aseXML Standard and advising NEMMCO.
(c) Intellectual Property Rights include all patents, copyright, moral rights, registered designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
(d) Related Entity has the meaning given to it by the Corporations Act 2001 (Cth).
(e) Representative of a party includes an employee, agent, officer, director, auditor, advisor, partner, consultant, joint venturer, contractor or sub-contractor of that party.
A reference to ‘you’ means [Full Company Name, ABN and address]
A reference to either party includes its Related Entities and their res |
