Terms of the Agreement
Ownership
The School shall be deemed to have retained title to the equipment at all times, unless the School transfers the title. The Student shall hold no security or ownership interest in the Equipment. Likewise, the Student shall hold no security or ownership interest neither in the licenses to the installed software included with the equipment nor in the licenses to any other software that the School may from time to time install on the Equipment used by the student.
Term Equipment Use
The Student shall return all Equipment itemized above in good operating condition to the Technology Office of the School if the Student is not enrolled in the current school year (or summer term, as applicable), unless the School transfers the Equipment's title. The School may require the Student to return the Equipment at any time and for any reason.
Equipment Storage and Use at School
The Equipment must be on the School's premises during each of the Student's normal school days. During the School's normal business hours or after school, when the Student is not in the immediate presence of the Equipment, the Equipment must be secured in a locked locker or other secure, approved location.
Use of Equipment
The primary use of the Equipment by the Student is for the Student's educational programs. The Student may use the Equipment for other purposes only to the extent that such uses do not interfere with these primary uses. The Student shall abide by the School's Acceptable Use Policies ("AUP"). Violation of the school's AUP, which requires administrative correction/repair by the Chaminade-Madonna Technology Office, will result in imposition of a $100.00 fee.
Compliance with Software Licenses
The Student shall not make copies of software licensed to the school. The Student is responsible for compliance with the license terms of any licensed software, and the Student agrees to hold the School harmless for any violations of such license terms.
Back-up Requirements
The Student may store documents or other files on the Equipment, and the Student is responsible for making back-up copies of such documents or other files, preferably through iCloud or Google Drive. In the event of loss of such documents or other files, the School's responsibility is limited to reloading the School's standard software suite on the Equipment.
Care of Equipment
The Equipment may only be used in a careful and proper manner. The Student shall keep the Equipment in good operating condition, allowing for reasonable wear and tear. The Student shall immediately notify the School's Technology Department if the equipment is not in good operating condition or is in need of repair. The Student shall be financially responsible for repairs due to negligence. No personal stickers or writing is allowed on the Equipment.
Right of Inspection
The Student shall make the Equipment available to school personnel as necessary for purposes of inspection, maintenance, repair, upgrading, and/or software installation during the School's normal business hours.
Loss
The Student assumes all risks of loss of the Equipment and agrees to return it to the School in the condition received from the School, with the exception of normal wear and tear. No insurance is available to replace a lost or stolen iPad.
Repair and Replacement
Any damage or malfunction of the iPad or associated equipment must be reported to the Technology Office. If repairs are necessary, the student will receive a replacement device promptly. Repairs due to normal and responsible usage will not incur a charge to the student. If repairs are due to irresponsible usage, including but not limited to fractures, dents, or bent housings, the student’s account will be charged.
All repairs must be conducted by the Technology Office. If a CMCP-issued device is repaired without the approval of the Technology Office, the student will still be charged.
Should the iPad or associated equipment suffer permanent loss or irreparable damage due to theft, loss, accidental destruction, or for any other reason, the student is liable for the purchase price.
Device
This Agreement shall apply to any model of iPad issued by the School until a new Apple Equipment Use agreement is executed between the parties.
Entire Agreement and Modification
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior Apple Equipment Use agreements between the parties.
Governing Law
This Agreement shall be construed in accordance with the laws of the State of Florida.
Severability
If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.