Teaching, Learning, & Communication Notebook Computer Use Agreement
| Issued to: | Notebook Serial Number (NMUIN): Effective date: July 1, 2007 Semester Issued: Fall 2007 |
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Return Date: |
Return of the Computer System is due upon demand or notification by NMU, or non-payment of required fee or deposit, or graduation from NMU, or withdrawal from NMU, or suspension from NMU or other termination of this agreement |
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Software: |
NMU Restore CD – See distribution documentation for contents or NMU website at www.acs.nmu.edu |
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Accessories Issued: |
NMU supplied network cable and notebook model dependent manufacturer accessories |
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I agree to accept possession of the notebook “Computer System” from Northern Michigan University (“NMU”) solely for my use as a student and to fully comply with the following terms and conditions:
- The “Computer System” consists of the notebook computer and all related hardware (such as NMU supplied network cable and model dependent manufacturer accessories such as cables, power adapters, power cords, chargers, batteries, cards, and drives/bays) and Software (NMU Restore CD and manufacturer supplied software). The Computer System is and will remain the PROPERTY OF NORTHERN MICHIGAN UNIVERSITY.
- I must remain enrolled at NMU for the fall and winter semesters and pay all required tuition and fees to have use of the Computer System.
- The “Computer System” provided to you remains, at all times, the property of NMU. Prior to returning the computer to NMU you are responsible to backup and delete any data/information from the computer which you wish to keep private. NMU will promptly (as soon as practicable) erase the hard drive; in compliance with the Department of Defense standards.
- I may retain use of the Computer System for the SUMMER if I am enrolled in summer courses or pre-enrolled for the fall semester at NMU and understand that I may be required to pay NMU a non-refundable deposit/fee due on the summer tuition payment deadline date.
- I agree to RETURN the Computer System to NMU upon demand or notification by NMU, or non-payment of required fee or deposit, or graduation from NMU, or withdrawal from NMU, or suspension from NMU or other termination of this agreement in the same condition as when I received possession of the Computer System, reasonable wear and tear accepted. If the computer is returned to NMU due to death, NMU will copy the user data prior to erasing the computer’s hard drive and will retain the copy for up to six (6) months. If, during the six (6) month retention period, a party who has a legal right to the copy (as defined by Michigan law), makes written request to NMU for the copied data/information, NMU will provide the party with all non-copyrightable data/information from the copy.
- If I do not immediately, after demand, notification, or the Return Date, return the Computer System to NMU (MicroRepair Office), NMU is author-ized to do any or all of the following, without prior notice:
- Withhold grades, transcripts, or diploma;
- Assess a late fee of $15 per day up to the cost of a new Computer System ($1,500);
- Seek criminal prosecution and or civil damages simultaneously;
- Immediately locate and repossess the Computer System;
- Recover attorney’s fees and court costs.
- I agree to exclusive venue and jurisdiction in any state court in Marquette County, Michigan. Any notice may be sent by regular or certified mail to my last known address. I agree to accept the delivery of legal notices through any means of public notification. By executing this Agreement the parties consent to having this Agreement executed in electronic form and dealing with each other for all purposes relating to this Agreement, elec-tronically.
- I am responsible for the costs (not to exceed the amount indicated):
- $500 per occurrence, of any needed repair of the Computer System not covered by manufacturer’s warranty (claims must be filed within the term of the lease and 10 days of occurrence for claim to be eligible for coverage by insurance carrier);
- $500 per occurrence, for the replacement of the computer in case of theft upon proper filing of a police report; police report must be filed within the term of the lease and 3 days of occurrence (claims must be filed within the term of the lease and 10 days of occurrence for claim to be eligible for coverage by insurance carrier)
- $1,500 per occurrence for failure to return the Computer System;
- $1,500 per occurrence in the case of malicious damage to property.
- The Software is included with the Computer System under the terms of the software license of the Software manufacturer. I agree to comply with all applicable NMU and software manufacturer copyright rules and other regulations regarding any software installed in the Computer System.
- I understand that the Computer System is issued to me for my personal use as an enrolled student at NMU. I will not sell, give, or loan the Com-puter System to anyone else. I will adhere to all applicable NMU rules and regulations governing the use of the Computer System and the NMU network including the NMU Acceptable Use Policy, the Student Code, and all other federal, state, and local laws.
- NMU HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE COMPUTER AND SOFTWARE. Any warranty for the Computer System or its components and accessories is provided only by the manufacturer.
- I agree to accept the Computer, the Software, and related Peripherals “as is.” In no event shall NMU be liable to me or my guardian, personal rep-resentative, or heirs for any incidental, special, indirect, or consequential damage of whatever nature arising out of any claim, whether in contract, tort, or otherwise, alleging NMU’s failure to perform its obligations under this Agreement or its breach of any duty, common law or otherwise, owed to me with respect to this agreement or the Computer System.
- I authorize NMU to charge any fees, deposits, costs, or liabilities arising under this Agreement against my student account at NMU.