Kaplan Virtual Education LAPTOP USAGE AGREEMENT This Laptop Usage Agreement (this “Agreement”) is made by and between KAPLAN VIRTUAL EDUCATION and the parent/guardian designated at the bottom of this Agreement (“Responsible Party”) who is a parent/guardian of a student (“Student”) enrolled at KAPLAN VIRTUAL EDUCATION. Usage Terms As part of this Agreement, Kaplan Virtual Education will provide the Student with the use of a laptop computer and accessories (collectively, the “Equipment”), as further identified at the bottom of the Agreement below the signatures. The term of this Agreement is for any student enrolled in at least five (5) classes per semester in Kaplan Virtual Education, unless terminated earlier as provided otherwise in this Agreement. Student and Responsible Party are required to read and become familiar with the orientation material provided by Kaplan Virtual Education for the Equipment. Verification Check Responsible Party agrees to submit, and shall cause the Student to submit, the Equipment on demand to Kaplan Virtual Education for verification checks by Kaplan Virtual Education. These checks may be conducted from time to time by Kaplan Virtual Education to verify inventory/asset information. Kaplan Virtual Education will send an email notice of the verification check to Responsible Party. Failure to comply by the requested date set forth in the verification check notice may result in termination of this Agreement and ineligibility of the Student for future use of Kaplan Virtual Education provided laptop computer and related equipment. Equipment Use and Alterations Responsible Party shall, and shall ensure that Student shall, use the Equipment in a careful and lawful manner and shall not allow Student to, make any alterations, additions, or improvements to the Equipment without prior written consent of Kaplan Virtual Education. Prohibited alterations include, but are not limited to, the addition of memory or Input/Output (I/O) devices; provided, however, Responsible Party shall be allowed to attach audio devices to the audio input/output port and CD-Rom, disk or other storage device to the USB input/out port. Should additions and/or improvements be made to the Equipment, other than the audio and storage devices permitted in the preceding sentence, such additions/improvements will become the property of Kaplan Virtual Education. Responsible Party is responsible for licensing any additional software installed on the Equipment. Responsible Party shall ensure that the Student does not, remove or alter any Kaplan Virtual Education identification labels that are attached to or displayed on the Equipment. Equipment Support Maintenance of the Equipment and technical support to Responsible Party and Student for the Equipment is provided in accordance with the instructions (the “Maintenance Instructions”) set forth in Attachment 1 to this Agreement (attached hereto and incorporated herein). Responsible Party shall, and shall cause the Student to, follow the Maintenance Instructions for any problems with or the maintenance of the Equipment. Loss and Damage Responsible Party shall, and shall cause the Student to, take reasonable and prudent care to maintain the Equipment in good condition and protect it from loss, theft, or damage. Responsible Party shall bear the risk for lost, stolen, or damaged Equipment and components from the date Responsible Party receives delivery of the Equipment until the return of the Equipment to Kaplan Virtual Education. Responsible Party agrees to report all incidents of theft of or deliberate damage to the Equipment within twenty-four (24) hours of Responsible Party’s knowledge of the loss to their local law enforcement. Responsible Party shall, and shall cause the Student to, cooperate fully with the appropriate local law enforcement agencies in completing all necessary reports. Responsible Party is ultimately responsible for any damage to or loss/theft of the Equipment while in Responsible Party’s or Student’s possession. Responsible Party shall pay Kaplan Virtual Education for any repair/replacement costs for damage to the Equipment and components. Responsible Party shall reimburse Kaplan Virtual Education for the entire replacement cost for lost Equipment. Kaplan Virtual Education Assignment and Compliance with Applicable Law and Policy Responsible Party shall NOT, and shall ensure the Student does not, assign, pledge, or transfer any interest in this Agreement or in the Equipment, including all attachments and components. Responsible Party shall not, and shall ensure the Student does not, lend the Equipment to another for his/her individual use. Responsible Party shall, and shall cause the Student to, comply with and adhere to the Kaplan Virtual Education User Guidelines and messaging (FAQ’s) for the Equipment as set forth in Attachment 2 (attached hereto and incorporated herein). Responsible Party shall, and shall cause the Student to, comply with State and Federal laws and regulations including, but not limited to, laws of libel, data privacy, copyright, trademark, gambling, obscenity, and child pornography; the Federal Electronic Communications Privacy Act and the Computer Fraud and Abuse Action, which prohibit “hacking” and similar activities; and State computer crime statutes. Indemnity Responsible Party is solely responsible for the consequences of any misuse of the Equipment and the liability resulting from misuse. Responsible Party shall indemnify KAPLAN VIRTUAL EDUCATION for any injuries, damages, or losses incurred due to the intentional or negligent acts of the Responsible Party or the Student. The Responsible Party’s obligation of indemnification to Kaplan Virtual Education survives the term of this Agreement. Kaplan Virtual Education is not responsible for injuries, damages, penalties, or losses, including legal costs and expenses incurred by the Responsible Party, Student or other person due to installation of software, transporting the Equipment, or any other use of Equipment described herein. Kaplan Virtual Education is not responsible for unauthorized use of his/her resources, and security of data transmitted on their information technology resources cannot be guaranteed. Termination of Student Eligibility The Student will cease to be eligible for the Equipment and this Agreement will terminate upon any of the following events: - Student’s graduation, - Student’s withdrawal/transfer from Kaplan Virtual Education, - Student’s failure to maintain enrollment in at least five (5) classes during a semester in Kaplan Virtual Education, or - Responsible Party’s or Student’s attempt to transfer possession or assign their interest in this Agreement. Kaplan Virtual Education reserves the right to terminate this Agreement and Responsible Party’s and Student’s access to all Equipment and services related to the Equipment at any time at its sole discretion with fifteen (15) days notice to Responsible Party and immediately upon any default by Responsible Party under this Agreement. Return of Equipment Responsible Party agrees to deliver the Equipment to Kaplan Virtual Education within ten (10) business days after termination of this Agreement in the same condition as delivered, normal wear and tear accepted. In the event that Responsible Party fails to return the Equipment within ten (10) business days of termination of this Agreement, KAPLAN VIRTUAL EDUCATION reserves the right to charge Responsible Party for the full replacement cost of the Equipment per contract agreement with Brevard Public Schools. Equipment Ownership Equipment shall remain the property of Kaplan Virtual Education. Neither Responsible Party nor Student has any title or property interest in the Equipment. Amendment and Notice Kaplan Virtual Education reserves the right to amend the terms of this Agreement upon serving Responsible Party a written Notice of Amendment (“Notice”). Notice shall be effective upon emailing Responsible Party at Responsible Party’s email account or by U.S. Mail to his/her local or permanent address provided by Responsible Party to Kaplan Virtual Education in this Agreement. Responsible Party is responsible for maintaining current permanent and local addresses with Kaplan Virtual Education. Notice of Amendment shall be effective thirty (30) days from the date of the emailed or mailed Notice. KAPLAN VIRTUAL EDUCATION reserves the right to correct clerical errors to this Agreement without notice to Responsible Party. Kaplan Virtual Education Disclaimer of Warranties NO PARTY MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS FOR USE OF ANY OF THE INSTRUCTIONAL PROPERTY. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY ACTUAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, OR THE EXISTENCE, FURNISHING, FUNCTIONING, USAGE, OR MAINTENANCE OF ANY INSTRUCTIONAL PROPERTY PROVIDED UNDER THIS AGREEMENT. Miscellaneous Responsible Party represents that he or she has the power to bind all of Student’s parents or legal guardians, all of whom shall be bound by these terms. Responsible Party cannot amend this Agreement unless accepted in writing by an authorized representative of Kaplan Virtual Education. This Agreement shall constitute the entire agreement between the parties with regard to the Equipment and any prior understanding or representation of any kind shall not be binding on either party, except to the extent incorporated herein. The waiver of any right under this Agreement by either party shall not be construed as a waiver of the same right at a future time or a waiver of any other right under this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the state of Florida. The parties acknowledge and expressly agree to waive any and all rights to a trial by jury of any claim or dispute arising under this Agreement. By signing below, I acknowledge that I have read and understand the conditions stated above and in this Agreement. I am aware of my responsibilities and the consequences of defaulting on this Agreement. The Parental Agreement must be delivered to Brevard Public Schools – Office of Virtual Instruction Programs. Responsible Party & Shipping Information KAPLAN VIRTUAL Student’s Legal EDUCATION Student ID Name #: School District Student ID #: Responsible Party: Last First M.I. Relationship to Student: Legal Guardian? Yes No Address: Street Address Apartment/Unit # Parent/Guardian Signature: Date: KVE Representative: Date: Equipment Information (For Official Use Only) Laptop Description: Laptop ID Number: Additional Components: Kaplan Virtual Education ATTACHMENT 1: Maintenance Instructions and Technical Support Information For Technical Support: Call CDW Technical Support toll free at 800.383.4239 Have your asset tag number (sticker on your computer) available. When you first receive your computer: Check to make sure that you have received the following equipment: Laptop Power Device ATTACHMENT 2: Laptop Maintenance Care and Use Guidelines The Kaplan Academy Laptop Program serves to facilitate the online educational experience and foster learning by providing laptop technology and relevant software. This policy addresses the student and responsible party’s responsibilities related to the care and collection of the student laptops. Policy Do: Do keep the original box that the computer came in. Do promptly download virus protection updates when requested to do so Do backup data to either a zip drive or recordable CD. Kaplan Virtual Education is not responsible for the backing up or retrieval of any information that was not backed up accordingly. Do promptly report any repairs needed, damage, lost, or stolen laptops and/or laptop components to your academic coach. Keep passwords secure. Authorized users are responsible for the security of their passwords and accounts. When there is a problem with a laptop, contact the Help Desk at 800.383.4239. Policy Do Not: The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. The following activities are strictly prohibited: DO NOT leave a notebook or portable computer unattended in a public building, automobile, or in proximity to pets and small children. DO NOT share accounts or passwords. DO NOT download software, music, articles, or other printed materials in violation of copyright laws. DO NOT load, download or install any software or content which violates Federal or State laws including illegally obtained software. DO NOT use Kaplan Virtual Education issued laptops for profit or illegal activities. DO NOT deface the laptops in any way (i.e., decorative skins, stickers, etching, marking) DO NOT eat or drink while using the laptop computer. This will help avoid damage due to spillage.
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