This Student Equipment Receipt and Use Agreement ("Agreement"), made in duplicate, as of date signed within, by and between Queen of Angels Catholic School ("School") and its student ("Student") as printed and signed below and their parents as printed and signed below.
WHEREAS, School is the owner as well as the owner of certain equipment ("Equipment") utilized in connection therewith; and
WHEREAS, Student is a registered full-time and matriculated student at the School and desires to utilize the Equipment hereinafter described under the terms and conditions hereinafter set forth; and
WHEREAS, the parties hereto desire to reduce to writing their understanding and agreement so that Student can possess and utilize the Equipment under the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and on the part of each of the parties hereto to be kept and performed, as well as in consideration of the fact that both School and Student intend to be legally bound hereby, they do agree as follows:
- Equipment Subject to Agreement: The Equipment subject to this Agreement (possession of which will be turned over to Student for Student's exclusive use) includes an Apple iPad Air 2 WI-FI 16GB mobile device, accessories (including power cord and adapter and case) described as follows:
iPad Model MGL12LL/A 16GB
- Ownership: School shall retain legal title to the Equipment at all times until such time as School may transfer the title thereof to Student. Student hereby covenants and agrees that he or she will not sell, contract to sell, lease, encumber, lien, or otherwise dispose of the Equipment so long as this Agreement remains in effect. The Student shall hold nosecurity or ownership interest in the Equipment. Likewise, the Student shall hold no security or ownership interest in either the licenses to the installed software included with the Equipment, or in the licenses to any other software that the School may from time to time permit the Student to use.
The Student will keep possession of the iPad Air 2 for the duration of the 2016-2017 school year. They will return the iPad Air 2 to School in the same condition as loaned to them with the exception of normal wear and tear on the case.
- Term Equipment Use: In the event Student ceases to be a full-time and matriculated student at School for any reason whatsoever, Student shall within five days of the termination of her/his status as a full-time student, return all of the Equipment in clean, good, working order, at which time this Agreement will terminate. If Student fails to return all Equipment, in clean, good, working order, to School within the above referenced five-day period, Student will be considered in default of this agreement. Student shall nevertheless be required to return all Equipment, and will be subject to a $100.00 processing fee, and this failure to return the Equipment will be forwarded to the proper authorities in order to bring necessary legal action or charges of theft against the Student in order to recover the Equipment, plus any and all damages suffered by School by the Student's breach of this Agreement. In the event litigation of any kind (including theft charges) are instituted by School against Student, the Student shall also pay all court costs incurred in the collection of his or her account together with all reasonable attorneys' fees incurred by School. The School may require the Student to return the Equipment at any time and for any reason.
- Equipment Storage and Use: Student shall retain Equipment at all times during the school day. When the Student does not have the Equipment in his or her possession or is in his or her immediate presence, then the Equipment must be properly secured to prevent damage and theft.
- 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 to the extent that such uses do not interfere with these primary uses. The Student shall abide by the School's Acceptable Use Policy.
- Compliance with Software Licenses: The Student shall not make copies of software licensed to the School. The Student may install software personally licensed to the Student on the Equipment to the extent that such personally licensed software does not interfere with the operation of the software installed by the School or with the primary uses of the Equipment. The Student is responsible for compliance with the license terms of any personally licensed software, and the Student agrees to hold the School harmless for any violations of such license terms.
- Backup Requirements: The Student may store documents or other files on the Equipment, and the Student is responsible for making backup copies of such documents or other files. 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 Tech Coordinator if the Equipment is not in good operating condition or is in need of repair. The Student will be financially responsible for repairs due to negligence. No labels, markings, writings or personal stickers may be placed upon or affixed to the Equipment.
- Right of Inspection: The Student shall make the Equipment available to the School's Tech Coordinator as necessary for purposes of inspection, maintenance, repair, upgrading, and/or software installation during the School's normal business hours. As referenced above, all Equipment provided by and/or obtained through the School is the property of the School. As such, the School retains the right to take possession of said Equipment at any time deemed necessary to complete any and all needed inspections and repairs.
- 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.
- Warranty: The School makes no warranty, expressed or implied, as to the Equipment subject to this Agreement. The Student assumes the responsibility for the condition of the Equipment.
- Indemnity of School for Loss or Damage: If the Equipment is damaged due to negligence or lost, the School shall have the option of requiring the Student to pay for repair of the Equipment to a state of good working order, or if it is lost, to reimburse the School for the replacement cost of such Equipment. The students grades will not be released until the unit is returned in good working condition or the replacement cost is collected by the School.
Equipment Replacement Costs:
- iPad Only: $379.00
- Cover Only: $49.50
- Power Adapter Only: $13.00
- Power Cable Only: $ 13.00
- Equipment Warranty and Insurance: The Equipment is not insured for theft or accidental damages. The Students parents will need to pursue insurance coverage if so desired.
- 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 computer receipt and use agreements between the parties.
- Governing Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.
- 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.