2. Term.
The Equipment is licensed to you for as long as you are a student in good standing at the Macaulay Honors College. You will use the Equipment you receive as a first-year or Bridge Scholar student until the end of junior year and completion of 90 credits, as long as you remain enrolled at Macaulay and in good standing. At the end of the junior year, you may purchase the Equipment for one dollar ($1.00).
3. Fee.
You are entitled to use the Equipment without cost so long as you abide by the terms and conditions of this Agreement.
4. Use of the Equipment.
The Equipment is provided to you for your use while a student at Macaulay Honors College. By accepting the Equipment and signing this Agreement, you agree that during the term of the Agreement you will abide by the following rules:
(a) You will use the Equipment only in connection with your enrollment in Macaulay Honors College.
(b) You will not permit any other person to possess or use the Equipment.
(c) You will not sell, lease, license or otherwise grant anyone rights to the Equipment.
(d) You will follow the CUNY Computer User Responsibilities, available on the CUNY website
(e) You must comply with Macaulay Honors College policies and procedures in the Macaulay student handbook at https://community.macaulay.cuny.edu/handbook/ .
5. Care of the Equipment.
(a) You are responsible for the care of the Equipment and must keep it in good working condition. If the Equipment malfunctions or is damaged, you are responsible for arranging repairs. If you encounter difficulties with your Equipment, you should first notify the Macaulay Laptop Coordinator at laptop@mhc.cuny.edu, before arranging for any repairs.
(b) Any incident of Equipment loss or theft must be reported to Macaulay Honors College (laptop@mhc.cuny.edu) as soon as possible, but no later than 48 hours after the incident. All cases of loss or theft will be fully investigated by CUNY Security and by the police.
(c) You will be asked to “check in” the Equipment with the Macaulay Honors College once a year to ensure asset protection. Failure to comply with this requirement may result in a fine or the revocation of your privilege to remove the laptop from your campus or use it when classes are not in session.
(d) You are responsible for all data backups. Macaulay will not be responsible for data loss due to hardware failure, software failure, or any other issue.
(e) Any repairs not covered by the manufacturer’s warranty are your responsibility. Macaulay will not pay for any repairs nor reimburse you for any money spent on repairs.
6. Modification of the Equipment.
You may not alter or modify the Equipment. If you install software that is not authorized or provided by Macaulay, Macaulay will not support, maintain, update or re-install that software, and the software must be legally acquired, licensed and installed.
7. Change in Status.
If you are dismissed or you withdraw from Macaulay, you must immediately return the Equipment to Macaulay Honors College. Failure to return the Equipment may result in criminal prosecution or civil liability.
8. Use of Included Software.
The laptop computer you receive as part of the Equipment may be loaded with certain computer software programs, and additional software may be added by Macaulay during the term of this Agreement (collectively, the “Included Software”). If software is included or installed, you are provided with the Included Software on the basis of your status as a participant in Macaulay Honors College. You must comply with any software licenses applicable to the Included Software. If you choose to purchase the Equipment for one dollar ($1.00) after three years, you will gain title and rights to the Equipment, and license to use the Included Software.
9. Limitation of Liability.
Macaulay is not responsible or accountable to you for any loss, damage, claim, demand, liability, cost or expense of any nature or kind, including indirect, special or consequential damages, arising directly or indirectly out of your possession, use, control or operation of the Equipment, including those resulting from the inadequacy of the Equipment, or the results obtained from it, or any defect in it, or from mechanical failures of the Equipment, loss of data, or from interruption of information technology use while such failures are being remedied or while other repairs and/or maintenance are being performed.
10. Default.
(a) You will be in default of this Agreement if (i) you fail to care for and maintain the condition of the Equipment; (ii) you loan or make any other transfer of the Equipment; or (iii) you violate any of the other terms or conditions of this Agreement.
(b) A default may result in criminal prosecution or civil liability. In addition, upon your default, Macaulay has the right to take immediate possession of the Equipment.
