14. Indemnity of School for Loss or Damage: If the Equipment is damaged due to negligence or lost, the School shall have the option of requiring the Student to pay for repair of the Equipment to a state of good working order, or, if it is lost, to reimburse the School for the replacement cost of such Equipment.
15. Equipment Warranty and Insurance: Accidental damage is covered under AppleCare (up to two instances). The Student must notify the School immediately if there is any accidental damage. Accidental damage includes, but is not limited to: broken casings, cracked or blemished screens, spill damage, damage caused by drops or falls, and fire damage.
In the event of accidental damage, the student is responsible for payment of a $49 deductible to cover repair or replacement of the iPad and/or payment of a $29 deductible to cover repair or replacement of the Apple Pencil. This payment will be charged to the Student’s Merrimack College account through the Bursar’s Office.
Damage to Equipment due to gross negligence or willful misconduct are not covered by warranty or insurance. If damage is attributed to either of these causes, the Student will be held responsible for all charges related to the repair or replacement of the Equipment.
16. Entire Agreement and Modification: This Agreement constitutes the entire agreement between the School and Student. No modification or amendment of this Agreement shall be effective unless in writing and signed by both the School and Student. This Agreement replaces any and all prior computer receipt and use agreements between the School and Student.
17. Governing Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.
18. Severability: If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
19. Waiver: The failure of either the School or Student to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.