Student e-Warrior Digital Life and Learning Agreement

2015 - 2017 Agreement

This Agreement is made between Winona State University (WSU) and the Student (Student) designated below.


Recitals

The purpose of this Agreement is to provide a technology package that includes the temporary use of a Laptop and Tablet, technical support, and the use of WSU licensed software. This Agreement supersedes all prior WSU/Student e-Warrior Digital Life & Learning Agreements.

 

Terms

In consideration of the mutual covenants and conditions contained in this Agreement, WSU and Student agree as follows:


1.0 Description of Equipment

WSU agrees to provide Student with a fully configured PC or Macintosh Laptop computer and/or Tablet as defined on the WSU Device Models webpage.


2.0 Term

This Agreement shall be in effect for a period of two years or until terminated pursuant to the conditions under Paragraph 8.0.


3.0 Consideration

3.1 Student agrees to pay a WSU eWarrior: Digital Life & Learning (DLL) Program fee of Four Hundred and Eighty Five Dollars ($485.00) per semester.

3.2 Student is billed on a semester basis. All payments are due at the time and manner as tuition and fees, as published in the WSU Catalog and/or website.


4.0 Device Use and Alterations

4.1 Student agrees to use the provided device(s) in a careful and lawful manner and shall not make any alterations, additions, or improvements without prior written consent of WSU. Prohibited alterations include, but are not limited to, the additional memory or Input/Output (I/O) devices. Should additions or improvements be made, such amenities will become the property of WSU. Should WSU elect to remove these additions, alterations, or improvements, WSU reserves the right to charge the Student a fee for the cost of restoring the device to its original configuration and condition.
4.2 WSU is not responsible for maintenance of or providing technical assistance for any applications or hardware not listed in the official WSU DLL Program website referenced in Paragraph 1.0 above.
4.3 Student shall not remove or alter any State of Minnesota, WSU, and/or WSU’s Service Provider’s identification labels that are attached to or displayed on the device(s) and associated peripherals.


5.0 Lost, Stolen and Damaged Devices

5.1 Student shall take reasonable and prudent care to maintain the device(s) and assorted components in a safe and secure manner. The student is responsible for the entire replacement cost of a device and/or components that are lost.
5.2 In the event that the device is stolen, the student is responsible to provide an official police report to Winona State within two business days of the incident. In addition, a fee of five hundred dollars ($500) will be charged to the student’s account for a stolen laptop and the full replacement cost for a stolen tablet.
5.3 In the event that the device is damaged during the lease-period, the student shall be responsible for the following:

 

Cosmetic and Minor Damages

Damages 2015 Models

Macbook

Elitebook

iPad

Samsung

Keyboard Damage
$150
$150
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Trackpad Damage
$100
$150
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Palm Rest
$150
$150
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Base
---
$100
---
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Bottom Door
$100
$100
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Excessive Wear and Tear
$100
$100
$100
$100

First Incident of Functional / Severe Damages

     
Cracked Screen
$250
$250
$100
$100
Spill Damage (Internal)
$250
$250
$100
$100
Biological Contamination
$500
$500
$200
$200
Broken Port
$250
$250
$100
$100

Multiple Incidents of Functional / Severe Damages

       
Cracked Screen
$400
$400
$100
$100
Spill Damage (Internal)
$500
$500
$100
$100
Biological Contamination
$500
$500
$200
$200
Broken Port
$500
$500
$100
$100

Note: Winona State University offers additional damage protection through Safeware, a third party insurance policy. The damage schedule list above is for damages incurred to a device of any student who is not participating in the Safeware Insurance program.



5.4 WSU reserves to right to bill a student the entire cost of repair up to the replacement cost of the device in situations where we determine that the cause of the damages were from neglect, intentional destruction, or improper use.


6.0 Assignment and Compliance with Applicable Law and Policy

6.1 Student shall not assign, pledge, or transfer any interest in this Agreement or in the device, including all attachments and components. This includes lending the device to others for his/her individual use.
6.2 Student agrees to use the device only in connection with his/her attendance at WSU.
6.3 Student agrees to comply with and adhere to Minnesota State Colleges and Universities (MnSCU) Board Policies and WSU’s regulations and policies governing the use of the device and components.
6.4
Student agrees 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; as well as State computer crime statutes.

7.0 Indemnity

7.1 Students are responsible for the content of his/her personal use on WSU system information technology and the liability resulting from that use.
7.2 WSU and MnSCU are not responsible for injuries, damages, penalties, or losses, including legal costs and expenses incurred by the Student or other person due to installation of software, transporting the device, or any other use of equipment described herein. WSU and MnSCU are not responsible for unauthorized use of his/her resources and security of data transmitted on their information technology resources cannot be guaranteed. Student shall indemnify WSU and MnSCU for any injuries, damages or losses incurred due to the intentional or negligent acts of Student. The obligation of indemnification to WSU survives the term of this Agreement.


8.0 Termination and Return of Equipment

8.1 The following events terminate a student’s right to retain a WSU device:
- Student’s graduation (unless student purchases the device pursuant to University mobile device sale if available);
-Student’s withdrawal/transfer from WSU or failure to maintain active Student status;
-Student attempts to transfer or assign his/her interest in this Agreement and/or the Device. This includes involuntary transfer of Student’s interest in this Agreement and/or device by operation of law;
-Student’s failure to pay all amounts as set forth in Sections 3.1, 3.2, or 5.0 above. WSU reserves the right to terminate Student’s access to all DLL Program services and WSU network account access upon payment default.
8.2 Student agrees at the end of the term of this Agreement to deliver the device(s) and all components to Winona State within five (5) business days.
8.3 In the event that Student fails to return the device(s) within five (5) business days of his/her withdrawal/transfer or graduation from WSU, WSU, at its discretion, reserves the right to charge the student semester fees or replacement cost of the device(s), whichever is greater. WSU also reserves the right to terminate access to the WSU network. Notice: The University may seek criminal charges for conversion of state property.


9.0 Withdrawal/Transfer from WSU

9.1 Upon Student’s withdrawal/transfer from WSU and timely return of the device(s) and components as set forth in Section 8.1 above, the WSU refund policy will be followed.
9.2 Nothing in this Agreement is intended to abrogate WSU's right to collection for previous semester(s) outstanding fees owed or collection of loss or damages as described in Paragraphs 3.0, 5.0. or 6.0. Refund will be based on the date the Technical Support Center (TSC) located in Somsen 207 receives the device.


10.0 Device Ownership

Nothing in this agreement shall be interpreted in a manner that transfers ownership of the device(s), components, and/or peripherals to the student. Student has no title of property interest in the device(s), components, and peripherals except as provided for in this Agreement.


11.0 Amendment and Notice

WSU reserves the right to amend the terms of this Agreement upon serving Student a written Notice of Amendment. Notice shall be effected upon emailing Student at Student’s WSU Webmail account or by U.S. Mail to his/her local or permanent address provided by Student to WSU-TSC in the “WSU Technology Package Application.” Student is responsible to maintain current permanent and local addresses with the University. Notice of Amendment shall be effective thirty (30) days from the date of the emailed or mailed notice. WSU reserves the right to correct clerical errors to this Agreement without notice to Student.


12.0 Miscellaneous

12.1 Severability: If any provision of this Agreement is determined to be void, invalid, unenforceable or illegal, this Agreement will be ineffective only to the extent of such prohibition and the validity and enforceability of all the remaining provisions will not be affected thereby.
12.2 Entire Agreement Modification: This Agreement contains all the terms between the parties and may be amended only in writing as provided for in Paragraph 11.0 above.
12.3 Jurisdiction and Venue: This contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in State or Federal court with competent Jurisdiction in Ramsey County, Minnesota.
12.4 Non Waiver: No delay or failure to enforce any provision of this Agreement will constitute a waiver or limitation or rights enforceable under this Agreement.


Sign e-Warrior Digital Life and Learning Agreement