UTMB School of Nursing iLEAD Project

Responsible Use Agreement

INTRODUCTION

This Responsible Use Agreement ("Agreement") is a legal document between You (the student; the user) and the owner (University of Texas Medical Branch School of Nursing hereafter referred to as UTMB SON) of the Apple tablet (iPad), and its accessories (Apple Pencil, Apple AC Power Adapter, Apple Lightning Cord) leased to you by UTMB School of Nursing (SON) in connection with the iLead-Innovative Learning Environment Accelerating Discovery, iPad Initiative. These items shall be referred to as "iPad and iPad accessories" throughout the remainder of this Agreement. The terms and conditions of Agreement govern the use of the iPad and the iPad accessories.

By taking possession of the iPad and the iPad accessories you agree to be bound by the terms of this Agreement.

DESCRIPTION OF EQUIPMENT PACKAGE

UTMB SON will provide the USER an equipment package under this Agreement that includes, but is not limited to:

  • One (1) Apple iPad preloaded with select learning apps
  • One (1) Apple Pencil
  • Apple AC Power Adaptor
  • Apple Lightning Cord

GRANT OF LICENSE

UTMB SON grants to you the right to use this University-leased iPad and iPad accessories pursuant to the terms of this Agreement. This iPad should be used primarily for educational purposes. However, it is acceptable for you to use it for non-educational purposes as long as the non-educational purposes do not interfere with the educational purposes.

UTMB SON prohibits you from altering or making internal modifications to the leased iPad. You can only install apps for which you have a valid and current license. You are permitted to install apps downloaded from the Apple App Store, only if these apps do not interfere with the academic purposes of the iPad and are incompliance with the Information Resources Security Policy Acceptable Use standards located at https://www.utmb.edu/policies_and_procedures/IHOP/General_Administration/IHOP%20-%2002.19.06%20-%20Information%20Resources%20Security.pdf. You shall not un-install, erase or delete any app or files that were originally installed with the leased iPad. In addition, location services shall not be turned off for any app originally installed with the leased iPad.

LIABILITY

During the term of this Agreement, you are fully responsible for any theft of or physical damage to the iPad. You must take all appropriate steps to protect the iPad and data against loss or theft. If you lend the iPad to another person without prior permission, you will be held accountable and responsible for the replacement of the iPad and may be subject to the forfeiture of the iPad, at the sole discretion of UTMB SON. UTMB SON is not responsible for the loss or theft of any information or data you maintain on the iPad. You are responsible for keeping the iPad clean and in good condition during its use and upon its return to UTMB SON.

LOST OR STOLEN DEVICES:

If the property is lost or stolen, it is your responsibility to file a police report with UTMB police. Further reporting must be made to UTMB Information Services and the SON Multimedia Lab within 24 hours or on the next business day to be in compliance with the terms of this Agreement. You will need to notify UTMB Information Services department immediately and provided the report number. The SON Multimedia Lab and Information Services will then perform a remote wipe to avoid a security breach and data leaks. A buyout cost will then be requested from the leasing company and provided to the SON. The SON will be billed at the end of the month's billing cycle for remaining lease cost and residual value on the leased device. The student will be responsible for any costs associated with lost or stolen property charged to the SON.

Failure to report lost or stolen iPad to UTMB SON, Information Services and to the Campus Police within 24 hours (or the next business day) of the loss or theft will result in appropriate disciplinary action by UTMB SON and a possible police investigation. In addition to reporting the theft to UTMB Information Services, SON Multimedia Lab and Campus Police, if an iPad is stolen outside of the UTMB campus you must also contact the local police department and fill out a police report for the theft. Failure to return the iPad and iPad accessories to the UTMB SON Multimedia Lab upon leaving UTMB SON for any reason, prior to or at completion of the program, will result in additional fees being charged to your account. A hold will be placed on your student account and your diploma if you are graduating.

SUPPORT AND SERVICE

The iPad you have received comes with an Apple Care+ for Education agreement for manufacture defects. If Apple determines your equipment is defective, you will be issued a replacement without charge.

Damages or theft/loss is the responsibility of the student.

If the leasing company, Apple Financial Services, identifies any damage to the device or missing peripherals upon return of the device, the leasing company will bill UTMB Information Services for associated charges. These charges will then be passed on to SON at the end of the month's billing cycle. The student will be responsible for any damage costs charged to the SON. Damage costs can range anywhere from a cracked screen, damaged keyboard, missing pencil, excessive wear, etc. The charges will be reflected by the extent of the damage.

Lost or stolen iPads must be reported if an iPad or iPad accessories are lost or stolen, the user will be charged for a replacement. The user will be charged the full replacement cost for any subsequent lost or stolen iPads.

It is strongly recommended that you contact UTMB SON Multimedia Lab as soon as possible if you experience any technical and/or physical problems with the iPad or iPad accessories. The UTMB SON Multimedia Lab is located on the fourth floor of the SON Building Room 4.306 and can be reached by emailing SONMultimediaLab@utmb.edu.

TERM

This Agreement will terminate upon your graduation from the program you were registered in at the time of issuance of the leased device at the UTMB SON, upon your withdrawal or dismissal from UTMB SON, or upon any notification from UTMB SON to return the iPad. Notification of termination of this Agreement shall be the sole discretion of UTMB SON. In the case of withdrawal or dismissal from UTMB SON, you must promptly return the iPad and the iPad accessories to UTMB SON Multimedia Lab on the fourth floor Room 4.306 of the SON Building.

POLICIES

In connection with your use of the iPad, you must comply with all of UTMB's and UTMB SON's policies and procedures, including but not limited to policies pertaining to Institutional Handbook of Operating Procedures (IHOP)

IHOP 02.19.06: Information Resources Security

https://www.utmb.edu/policies_and_procedures/IHOP/General_Administration/IHOP%20-%2002.19.06%20-%20Information%20Resources%20Security.pdf

IHOP Health Insurance Portability and Accountability Act (HIPAA) Policies

IHOP 06.02.00: Maintaining Patient Confidentiality through the Appropriate Use and Disclosure of PHI --

https://www.utmb.edu/policies_and_procedures/IHOP/Compliance/Privacy/IHOP%20-%2006.02.00%20-%20Maintaining%20Patient%20Confidentiality%20through%20the%20Appropriate%20Use%20and%20Disclosure%20of%20PHI.pdf

IHOP 06.02.10: Physical Protections/Safeguards for Protected Health Information (PHI) --

https://www.utmb.edu/policies_and_procedures/IHOP/Compliance/Privacy/IHOP%20-%2006.02.10%20-%20Physical%20Protections%20Safeguards%20for%20Protected%20Health%20Information%20(PHI).pdf

IHOP Policy 02.19.07: Use of Social Media

https://www.utmb.edu/policies_and_procedures/IHOP/Supporting_Documents/IHOP%20-%2002.19.07%20-%20Use%20of%20Social%20Media%20(Tips).pdf

IHOP Policy 07.01.30: Family Educational Rights and Privacy Act (FERPA)

https://www.utmb.edu/policies_and_procedures/IHOP/Student/IHOP%20-%2007.01.30%20-%20Family%20Educational%20Rights%20and%20Privacy%20Act%20(FERPA).pdf

SON Policies included in course syllabi.

Failure to comply with these policies in connection with your use of the iPad may result in a termination of this Responsible Use Agreement, return of the iPad and iPad accessories and possible disciplinary actions up to and including termination from the academic program.

OWNERSHIP

All rights, title and interest to the iPad are the property of UTMB SON. Your use of the iPad is subject to the laws of the State of Texas and the United States of America and the policies and practices of UTMB and UTMB SON. Nothing in this Agreement or any action by UTMB shall constitute a waiver of the rights of UTMB SON under such laws.

INFORMATION STORED ON IPAD

You should have no expectation of privacy in the iPad or its contents. Confidential information should not be stored on the iPad. Confidential information includes, but is not limited to, social security numbers, credit card numbers, financial / banking information, and health records. All students are responsible for following the policies referenced in this document.

Students must protect all information and data stored on the leased iPad with a passcode or touch ID.

DETAILED TERMS OF THE RESPONSIBLE USE AGREEMENT

  1. 1. The iPad, which is provided for my use with no transfer of ownership, is a fully configured iPad with power cords and other appropriate accessories. I agree to the terms and conditions of this Agreement in consideration for my use of the UTMB SON-leased iPad.
  2. 2. I agree to use the iPad in a responsible manner and in accordance with University policies and procedures, including the UTMB institutional and UTMB SON's policies, in effect now and in the future.
  3. 3. I agree to comply with all applicable State and Federal laws, including but not limited to, copyright and intellectual property law pertaining to software, text and digital documents and media.
  4. 4. I agree to not remove or alter any of the identification tags attached to or displayed on the iPad. I understand that services and support is contingent on proper display of the identification tags.
  5. 5. I agree not to assign, transfer, and pledge or otherwise dispose of this Agreement or any interest conveyed by this Agreement. In addition, I will not lend the iPad or otherwise permit it to be possessed or used by anyone other than myself.
  6. 6. I understand that the iPad is and, at all times, will remain the property of UTMB SON. I understand that I have no title or other ownership interest in this iPad.
  7. 7. I agree to use this iPad in a careful and lawful manner, and will not make any physical alterations, additions or hardware changes/improvements to the iPad.
  8. 8. I agree not to install any apps or software that interferes with the educational purposes of the iPad and I agree to be fully responsible for the maintenance of apps or software not provided by UTMB SON.
  9. 9. I agree to not remove any installed software or apps on the iPad that were provided by UTMB SON.
  10. 10. I agree to not turn off location services for any software or apps originally installed by UTMB SON.
  11. 11. I agree that UTMB SON is not responsible for the loss or theft of any information or data I have downloaded to or saved on the iPad.
  12. 12. I have no expectation of privacy regarding the iPad or its contents.
  13. 13. Upon request, I agree to promptly deliver the leased iPad to UTMB SON Multimedia Lab for inspection or to verify inventory asset management. Failure to comply by the date requested may result in a hold being placed upon my iPad privileges and a financial hold on my university records.
  14. 14. I agree to take necessary and practical care to keep the iPad secure, safe and in good working condition.
  15. 15. I must report any damages to the iPad to UTMB SON Multimedia Lab. I understand that UTMB SON may charge me the actual cost of repairs or replacement up to the full cost. This amount will be added to my student account.
  16. 16. I agree that I will be responsible for the risk of loss, theft, destruction, voluntary sale or damage of the iPad from the date I take delivery of the iPad until it is returned to UTMB SON. UTMB SON reserves the right to service any iPad. If, during the period of this Agreement, the iPad is found to be damaged during inspection by UTMB SON Multimedia Lab staff, I agree that UTMB SON may charge me the actual cost of repairs or replacement up to the full cost. This amount will be added to my student account.
  17. 17. Upon withdrawal or dismissal, from UTMB SON or upon any other notification to return the leased iPad to UTMB SON, I agree to promptly deliver the iPad to UTMB SON Multimedia Lab, or mail to
    UTMB School of Nursing 301 University Blvd, Galveston TX, 77555-1132
    , or such other place designated by UTMB SON. In the event the iPad is not returned within stated time frames, UTMB SON may, at its discretion, charge me for the full cost of the iPad.
  18. 18. I understand that this iPad program may be terminated at the discretion of UTMB SON.
  19. 19. I agree that UTMB SON may amend the terms of this Agreement (to include cancellation) upon serving me a written Notice of Amendment. Such Notice of Amendment will be effective 10 days from the date of the mailing or delivery of the Notice of Amendment.
  20. 20. I agree that UTMB SON is not responsible for any injuries, damages, penalties or losses, including legal costs and expenses, incurred by me or any other person caused by the transportation, installation, use of or any other matters relating to the iPad.
  21. 21. I agree that this Agreement and any amendments or supplements to it will be governed by the laws of the State of Texas and the United States of America. I agree that no delay or failure to enforce any provision of this Responsible Use Agreement will constitute a waiver or limitation of UTMB SON's rights to enforce the Agreement.
  22. 22. I have read and understand this Agreement. Failing to comply with the terms of this Agreement will result in the termination of the Agreement and a recall of the UTMB SON leased iPad.

DEFECTIVE OR DAMAGED HARDWARE

Defective Hardware/Software

Defective hardware/software, as determined by Apple, will not result in a fee levied toward the student. The student's device will be repaired or replaced at no cost.

Repairs

If an iPad is damaged it is the responsibility of the student to contact Apple for repairs. The SON Multimedia lab shall be notified immediately of a repair order sent to Apple. A leased device can be taken to an Apple store for repair. Any cost for repairs for accidental damage will be the responsibility of the user.

If the damage is covered by Apple Care - Education:

Services for Accidental Damage from Handling ("ADH Service")

If accidental damage from handling resulting from an unexpected and unintentional external event (such as, drops and damage caused by liquid contact) ("ADH"), Apple will, subject to your payment of the service fee ($49 USD), either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability. Each time you receive services for ADH is a "Service Event". Services for ADH expire and all of Apple's obligations to you under this section are fulfilled in their entirety once Apple has provided to you two (2) Service Events.
(From Apple Care user agreement 2018)

If an iPad is found not to be repairable under the Apple Care - Education Agreement, the iPad will be sent for repair or replacement at the student user's expense. All other subsequent lost or stolen iPads or accessories will be replaced for the full replacement cost of the item to be paid by the student user.

If the damage is repairable under the Apple Care - Education Agreement:

  • 1st and 2nd occurrence if covered by Apple Care plus Apple Care service charge.
  • Additional occurrences at cost of the repair.

Process for defective Apple pencil:

  • Work directly with Apple Care - Education support to arrange an exchange via mail. This may require you to put a credit card on file to ensure the defective pencil is received. The turnaround process is typically very short, and this is the easiest option. Your credit card will not be charged unless the defective pencil is not received by Apple.

Or

  • Work with Apple Care - Education support to make an appointment to take your defective pencil into an Apple Store to physically exchange.

Return of equipment upon completion of the academic program

Student users are required to return the iPad, Apple Pencil, AC Power Charging Adaptor and Apple Lightening cord by the last day of final exams to be cleared for graduation. Failure to return the iPad, Pencil, charger and cords will result in a delay of clearance for graduation.

Late fee and Non-Returned iPad

Upon withdrawal, dismissal, or any other notification to return the leased iPad and iPad accessories, you must promptly return the iPad and the iPad accessories to the SON Multimedia Lab. Returning the iPad to any other UTMB SON department or employee is not acceptable within the terms of this Agreement. A hold will be placed on your university records if your iPad, Apple Pencil and iPad accessories are not returned within ten (10) business days of withdrawal, dismissal, or any other notification to return the leased iPad. Should you not return the iPad within thirty (30) days, your account will be billed for the full value of the iPad and accessories.

Use Your UTMB Credentials