Welcome to the
Baldwin-Wallace College Network
End-User License Agreement/Terms of Service for Connecting to the BW Wireless Network
Statements of General Policy Baldwin-Wallace College provides access to information technologies for the private, non-commercial educational, research, cultural, and recreational uses of its students, faculty, and staff. These same facilities are also used by the College in support of its business functions. Limited access to some of these facilities is also extended, through the World Wide Web, to people outside the College community to the extent that they can exchange e-mail with and view Web pages posted by members of the B-W community. When a conflict arises between these multiple uses, it must be realized that supporting the continued operation of the College in its primary mission - education, must come first. Thus, for a general-use facility, course-related work is the first priority, followed by research and general productivity work, and then by cultural or recreational use. Hence, there may be occasions when recreational users of the Internet may be required to relinquish computer lab stations to students needing those facilities for assignments or research. Baldwin-Wallace College also believes that a primary function of colleges and universities is to foster the free investigation and discussion of ideas. Electronic media are rapidly assuming an important role in this endeavor, along with traditional print and broadcast media. The same policies and protections that have governed these established media should be extended as naturally as possible to their new companions. In meeting these goals, Baldwin-Wallace will restrict, control, and edit the content of electronic media as little as is consistent with all state and local laws and College policies. Opinions expressed by members of the B-W community in electronic form shall not be assumed to be those of the institution and responsibility for them lies with the originators. Privacy of Electronic Communications and Data Person-to-person communications, such as e-mail, are considered to be as private as phone conversations. Upload and download of information shall be given the same level of privacy. Neither the College nor its employees will attempt to monitor, read, or distribute the contents of such communications except when required to do so by law or a legal process served upon the College, or in extraordinary circumstances to protect the health and well-being of members of the community or the property or educational mission of the College. The contents of an individual's computer files are to be accorded the same confidentiality as the corresponding non-electronic material in College-owned storage facilities. Thus, a student's computer files should be considered the same as a resident student's papers in the student's dorm room. A faculty member's electronic grade books are to be considered as confidential as traditional paper grade books stored in the faculty member's office desk. However, users of information technology must realize that the College's IT staff may occasionally see the contents of e-mail or stored files in the process of maintaining the computer system. For example, a technician may be required to look at the contents of damaged files in the process of recovering data. Users should also realize that data stored on public or shared network drives or servers, as well as public computers, cannot be protected from view or access. Access to Off-Campus Information The College believes that the scholarly examination of ideas requires access to a very broad body of information and ideas. Any attempt to limit the availability of information to members of the B-W community must be undertaken only with good reason and the widest possible support. Therefore, unless there is a compelling financial reason or community feeling against doing so, the College will provide complete access to the facilities of the Internet, the World Wide Web, and other electronic media. It is realized that one aspect of the nature of these new media is that they are largely uncontrolled. The information found on the Web, for example, is not usually refereed, checked, or censored. The members of the B-W community will need to practice personal evaluation skills to choose what is appropriate from the information found there. Content of Publicly-Available Material Baldwin-Wallace will monitor the official B-W home pages and not the pages of individual students, faculty, or staff. The content of materials posted on electronic facilities at B-W is, therefore, the responsibility of the person posting them, not of the College. It should be noted that some speech (e.g. obscenity, libel) is NOT protected by the First Amendment and that some uses of information (e.g. plagiarism) and some Web activities (e.g. spamming, posting extremely high-activity pages) degrade the performance of the entire system, thus conflicting with the purpose of the facilities. Infractions of the law will be reported to the appropriate authorities and activities that interfere with the mission of the College may result in restricted or discontinued access to the facilities. Members of the B-W community must also realize the nature of some electronic media (a Web site, for instance) is essentially public and that the audience for their electronic communications may well extend beyond the academic community, and they must keep this in mind when regulating the content of their communications. The following disclaimer must be included at the bottom of each faculty, staff, and student home page posted on the B-W Website: The contents of this page are the responsibility of the author and do not necessarily reflect the policies of Baldwin-Wallace College. Commercial Use of the Facilities The facilities of the College are not to be used for the direct benefit of non-College organizations or businesses without the express written permission of an officer of the College. This includes the outside business interests of students, faculty, and staff. Members of the B-W community may not offer items or services for sale via B-W-owned Web pages unless all profits from the sales go to a College-sponsored organization. Misuse of the Shared Electronic Facilities Members of the B-W community are expected to refrain from activities which interfere with the proper functioning of the College's computer systems or infringes on the rights of other members to make use of the shared information technology resources. Such activities include, for example: 1. Unauthorized attempt to modify computer equipment or peripherals owned by B-W. 2. Unauthorized attempt to add, delete, or modify software such as operating systems, compilers, utility routines, graphics, games, etc. owned by B-W. 3. Attempted or actual use of accounts, files, or passwords without proper authorization from the owner. 4. Reading, copying, modifying, or deleting private files, including those of students, faculty, staff, or the College's administrative or academic files without proper authorization. 5. Using hardware or software owned by the College to communicate excessive, offensive, or obscene messages to others. 6. Attempting to crash the B-W servers, intranet, or public electronic networks. 7. Violating intellectual property rights or copyrights in data or programs. 8. Destruction, damage, or theft of equipment, software, or data belonging to the College. 9. Giving unauthorized persons access to B-W facilities by divulging passwords. 10. Establishing an individual wireless network on campus or connecting any device (other than a computer) to the network without authorization from the IT Department. 11. Using any B-W computer to duplicate any licensed or copyrighted software (whether owned by the College or not). Disciplinary Procedures - Student Misuse Suspected misuse of the facilities should be reported to the Director of Information Technology (or a member of the IT Staff), who is authorized to determine if there has been a violation of policy or law. Student Consultants, working in the B-W Computer Center, are authorized to monitor and report any violations that occur in the labs. Pending the outcome of the inquiry, access to the shared technology resources may immediately be restricted or suspended. In some cases, limited or monitored access will be provided to the facilities needed for college-related activities such as classes. Except in extraordinary circumstances, the situation will be discussed with the person suspected to have caused the violation to see if a resolution can be made. If not, the matter will be turned over to the appropriate College or public authority. If the misuse seems to involve violations of local, state, or federal law, the appropriate authorities will be informed. If the problem is a violation of College policy or if misuse of the system is reducing the effectiveness of the facilities, the problem will be handled by the appropriate college entity. For specific details of the judicial review and grievance procedures for student violators, please refer to the Student handbook. Disciplinary Procedures - Faculty or Staff Misuse Suspected misuse of the provided technologies (e.g., storing illegal files or using the resources for non-B-W enterprise) will initiate immediate action. This may include suspension or termination of network access, deletion of illegal files, or similar measures as deemed appropriate by an officer of the College. For specific details of subsequent review and grievance procedures, faculty members should refer to the Faculty Handbook and staff members to the Employee Handbook. IDENTITY ENGINES END USER LICENSE AGREEMENT FOR THE SOFTWARE IMPORTANT: This End User License Agreement ("Agreement") is between Identity Engines, Inc. ("ID Engines") and you. Please read it. It applies to the AutoConnect Client Software ("Software"). BY INSTALLING THE SOFTWARE, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT ACCEPT IT, CLICK ON THE "I DO NOT AGREE" OR "NO" BUTTON IF APPLICABLE AND DO NOT INSTALL OR USE THE SOFTWARE. The Software is licensed, not sold. This Agreement only gives you some rights to use the Software. 1. Grant and Use Rights a. Scope of License Grant. Subject to the terms of this Agreement, ID Engines hereby grants to you, and you accept, a nonexclusive, nontransferable license to use the Software, in object code form only, and solely in connection with the AutoConnect server component, for the purpose of configuring and authenticating the endpoint machine on which the Software is installed. b. License Limitations. You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer the Software, in whole or in part, to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software, in whole or in part, by, any third party without ID Engines' prior written consent; or (iii) modify or create derivative works based upon the Software. You are not permitted to decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part, except to the extent that such activity is permitted by applicable law notwithstanding this limitation. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of ID Engines. c. Ownership Rights. All rights, title, and interest in and to the Software, and all related technology, information, documents, deliverables, files, and other materials, including all intellectual property and proprietary rights in connection therewith, are and will remain with ID Engines. All rights not expressly granted to you in this Agreement are reserved by ID Engines. 2. Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS". ID EnGINES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ID Engines DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. To the extent that id engines may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law. THIS DISCLAIMER ALSO APPLIES TO ANY OF ID ENGINES' INDEPENDENT CONTRACTORS, SUPPLIERS, LICENSORS AND PROGRAM DEVELOPERS (COLLECTIVELY, "SUPPLIERS"). 3. Term and Termination. This Agreement is effective upon your installation (or use) of the Software and will continue until terminated in accordance with this Agreement. You may terminate this Agreement at any time upon written notice to ID Engines. ID Engines may terminate this Agreement upon written notice to you in the event of your breach of any material terms of this Agreement. Upon any termination, you agree to remove the Software (or make it inaccessible) from the hardware equipment on which it is installed, and discontinue all use of the Software. The terms of any sections that by their nature are intended to extend beyond termination will survive termination of this Agreement for any reason. 4. Limitation of Liability. You can recover from ID Engines only direct damages up to the amount you paid for the Software or $100.00, whichever is greater. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. In no event will ID Engines be liable for loss of, or damage to, your records or data. This limitation applies to * anything related to the Software, including any services, content, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other torts to the extent permitted by applicable law. It also applies even if * repair, replacement or a refund for the Software does not fully compensate you for any losses; or * ID Engines knew or should have known about the possibility of the damages. This limitation also applies to Suppliers of ID Engines. It is the maximum for which ID Engines and its Suppliers are collectively responsible. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 5. US Government Restricted Rights. Software, Content Updates, and User Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Identity Engines, Inc., 936 Hamlin Court, Sunnyvale, California 94089. 6. General. California state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Furthermore, the parties acknowledge that terms of the Uniform Computer Information Transaction Act (also known as UCITA) do not apply to this Agreement regardless of the states in which the parties do business or are incorporated. Any action seeking enforcement of this Agreement or any provision hereof will be brought exclusively in the state or federal courts located in the County of Santa Clara, State of California. Each party hereby agrees to submit to the jurisdiction of such courts. The parties agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs from the other party. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. The failure of either party to require performance by the other party of any provision of this Agreement will not affect the full right to require such performance at any time thereafter nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. This Agreement is the entire agreement for the Software. For a change to this Agreement to be valid, both parties must agree to the change in writing.
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