LAPTOP USAGE AGREEMENT by zug10789

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									                                               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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