1 TERMS OF USE As of February 3, 2013 The following terms and conditions of use ( Terms of Use ) form a legally binding agreement between you (an entity or person) and Southwest Airlines Co. ( Southwest ) and applies to all users of the AirWatch, LLC ( AirWatch ) and SecureAuth Corporation ( SecureAuth ) products and service(s)s (collectively, the Service(s) ). In the case of any violation of these Terms of Use, Southwest reserves the right to seek all remedies available at law and in equity for such violations. These Terms of Use apply to all uses of the Service(s)(s), both now and in the future. 1. Information Security Policy You agree that your use of the Service(s) is subject to Southwest s Information Security Policy, as modified by Southwest from time to time (the Southwest Information Security Policy ) which is incorporated herein by reference. You agree to comply with the terms of the Southwest Information Security Policy. 2. Modification to Terms of Use Southwest reserves the right, at our discretion, to change, modify and/or to remove portions of these Terms of Use at any time. You are agreeing to receive notification of material modifications to this agreement via the email address you provide to Southwest upon registration. Any material changes to these Terms of Use will be automatically effective seven (7) days after notification to you via the email address you provide to Southwest upon registration. If you continue to use the Service(s) following notification of any changes to these Terms of Use, your continued use or participation will mean that you accept these changes and agree to be bound by the new terms. 3. Termination of Account You may terminate your participation in the Southwest Mobile Program including, without limitation, your use of the Services, by contacting the Southwest Central Support Desk t at 214-792-3300 and asking to be unenrolled. SOUTHWEST RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT NOTICE. In the event either you or Southwest terminates your account, you shall immediately cease any and all use of the Service(s). 4. Use Of Portable Devices Terms of Use 4.1. You may use a Portable Device to conduct Southwest business and access Southwest s information systems provided that you comply fully with these Terms of Use. A Portable Device means any portable electronic storage device (e.g. laptop, Blackberry, ipad, iphone, Android device, or other smartphone or tablet device), either (i) owned by an individual, or (ii) owned by Southwest and provided to an individual and approved by Southwest for use by the individual to conduct Southwest business and/or access Southwest s information systems. 4.2. Mobile Access Lite Device means a personally-owned Portable Device that accesses Southwest email/calendar/contacts in exchange using ActiveSync only. Mobile Access Full Device means a Portable Device that access both email and Southwest applications and information, whether the portable device is personally-owned or provided by Southwest (Southwest-owned).
2 4.3. Portable Devices that are used to conduct Southwest business should not be shared with anyone (including family or friends), and you are held responsible for all uses of your Portable Device by any such parties. 4.4. Eligible Portable Devices: To be eligible for use as a Portable Device that may access Southwest data or email, the device must be on the approved device list managed by the Southwest Mobile Foundation Team and made available through SWALife. 4.5. Eligibility For Procurement and Use of Southwest-owned Portable Devices: You must obtain the approval of your Director or Department VP before procuring or using a Southwest-owned Portable Device 4.6. Required Security Controls: To be eligible to use a Portable Device, you must permit Southwest s Technology Department to configure the device and implement security controls as Southwest deems necessary, in its discretion, to protect the integrity of Southwest s information and information systems. Such security controls may include, but are not limited to: a. installation of Mobile Device Management (MDM) software, b. encryption, c. password/passcode protection, d. multi-factor authentication, e. periodic renewal of password/passcode, f. remote wipe capability, g. content filtering, h. communication monitoring, as further described below i. locking the device after periods of inactivity, j. locking the device or deleting data after invalid password entry, and k. anti-virus and anti-malware software. When feasible, Southwest may activate or install a remote locator application on Southwest-owned Portable Devices to assist in locating the Portable Device in the event that it is lost or stolen. Mobile Device Management or MDM as used herein means a solution enabling enrollment, security, configuration, monitoring, management, and support for Portable Devices. You must use a strong password or Passcode for the device whenever feasible in accordance with these terms of use. Passcode as used here means a unique, private code that gives you access to your Portable Device. You are prohibited from bypassing, modifying, disabling or deleting any of the security controls implemented by Southwest. 4.7. For devices using Mobile Access Full Devices, Southwest reserves the right to a. prohibit the installation of and/or remove from any Portable Device any application ( apps ) that the Technology Department determines, in its discretion, may pose a risk to the security of Southwest information or the proper functioning of Southwest s information systems, and b. prevent access to Southwest systems by any Portable Device posing such risks. 4.8. Southwest will not permit the use of any Portable Device that is jailbroken, i.e., the use of software to free the device from limitations installed by the manufacturer, the telecommunications carrier, or Southwest. The security software installed by Southwest may immediately disable a Portable Device or delete all data stored on a Portable Device if the security software detects that the device has been jailbroken. 4.9. Physical Security For Portable Device: You must take reasonable steps to protect your Portable Device against loss or theft and to prevent unauthorized access to, or use, disclosure, or acquisition of, Southwest information stored on the Portable Device. For example, you should not leave the device unattended in the passenger portion of a vehicle or in other locations where it could be easily stolen.
3 4.10. Compliance With Southwest Policies: You must comply with all Southwest policies, such as the Code of Ethics, Social Media Policy and Guidelines for Employees, and Policy Concerning Harassment, Sexual Harassment, Discrimination & Retaliation when a. accessing Southwest s information or information systems b. conducting Southwest business, and/or c. while on Southwest owned or leased premises, or as otherwise specified within the policies. 4.11. Restrictions On Uses Of A Portable Device: Prohibited activity includes, but is not limited to, the following: a. using a Portable Device application to copy Southwest information stored on any other electronic storage medium, such as a server, laptop or workstation; b. using any application that detaches, or makes a copy of, files attached to e-mail stored in the e-mail application; c. conducting business on Southwest s behalf using communications service(s)s other than those authorized by Southwest as set forth under the Mobile Section on SWALife d. synchronizing or backing up the Portable Device in a way that stores Southwest information on any server, computer, or other electronic storage equipment not owned or offered by Southwest (e.g., home computer, DropBox, icloud) or otherwise storing Southwest information with such an unapproved cloud service(s) provider 4.12. Monitoring And Inspection Of Portable Devices: For personally-owned Portable Devices, the following are subject to content filtering, site blocking, and monitoring for compliance with these Terms of Use and applicable Southwest policies, such as the Code of Ethics, Social Media Policy, Guidelines for Employees, and Policy Concerning Harassment, Sexual Harassment, Discrimination & Retaliation: a. communications and Internet access utilizing Southwest information systems, and b. Southwest applications ( e.g., e-mail, calendar, contacts), For Southwest-owned Portable Devices, the following are subject to content filtering, site blocking, and monitoring for compliance with these Terms of Use and applicable Company policies, such as the Code of Ethics, Social Media Policy, Guidelines for Employees, and Policy Concerning Harassment, Sexual Harassment, Discrimination & Retaliation: a. all communications and Internet access, and b. Southwest applications (e.g., e-mail, calendar, contacts). c. Such monitoring may include the use of DLP data loss prevention software which is capable of reviewing the content of e-mail and other communications transmitted over the Internet in real-time, even if those communications are transmitted through a secure, i.e., encrypted (https) connection. d. Southwest may require physical access to a Southwest-owned Portable Device for any reason. Upon request, you must provide your Southwest-owned Portable Device for inspection as well as any password restricting access to the device. 4.13. Reporting A Lost Or Stolen Portable Device/Remote Wipe: You must immediately report a lost or stolen Portable Device to Southwest Central Support Desk at 214-792-3300. Data on lost and/or stolen Portable Devices may be deleted as described below. 4.14. Deletion Of Information Stored On A Portable Device: By using a Portable Device, you consent to Southwest s activation of software that may delete all information, including
4 both Southwest and personal information, stored on the Portable Device in the following circumstances: a. in response to a report that a Portable Device has been lost or stolen, b. upon termination of your employment/engagement with Southwest, To avoid deletion of personal information for Mobile Access Lite users, delete the Southwest mail account on your device. c. or when Southwest has reason to believe that Southwest information is at risk of misappropriation or other misuse. While Southwest will make reasonable efforts where technically feasible to delete only Southwest information, Southwest cannot guarantee that personal information, such as photographs, videos, or music will not also be deleted. You acknowledge that you assume the risk that your personal information will be deleted in such circumstances. You are responsible for backing up all personal information (without backing up corporate information) so that such information can be recovered in the event it is deleted. Southwest has no responsibility for the deletion of any non-southwest information. Southwest will not make any effort to recover any non-southwest information that is deleted. 4.15. Litigation Hold: When Southwest is required to preserve information for investigative or litigation purposes (a Litigation Hold ), the General Counsel Department may identify Portable Device users who are required to comply with the Litigation Hold. The General Counsel Department may provide direction on the nature and scope of information that must be preserved and/or duplicated. The Technology Department may work with the user to implement the Litigation Hold. You are required to cooperate with Southwest in its efforts to implement a Litigation Hold. 4.16. Individual s Responsibility For Personally-Owned Portable Devices: a. Individuals are solely responsible for maintaining and repairing all hardware and software associated with any Personally-owned Portable Device. b. Southwest may, in its discretion, assist a Portable Device user to resolve issues concerning the Personally-owned Portable Device s ability to access Southwest s information systems. c. Users of Mobile Access Full may not relinquish possession of your Personallyowned Portable Device for service(s) by a third party unless all Southwest data has been removed from the device. For assistance with removing Southwest data, contact the Southwest Central Support Desk.. 4.17. Mobile Access Lite Devices must have the ActiveSync software installed (or equivalent as specified by the Technology Mobile Foundation Team). The ActiveSync software must not be altered, disabled or removed by the individual. The ActiveSync software will be used as a tool to help enforce the parameters outlined in these Terms of Use. 4.18. Mobile Access Full Devices must have the MDM (Mobile Device Management) software installed (or equivalent specified by the Technology Mobile Foundation Team). The MDM client must not be altered, disabled, or removed by the individual. The MDM client will be used as a tool to help enforce the security parameters outlined in these Terms of Use.. a. Mobile Access Full enrollment is currently limited to 3 devices per user account. If additional devices are needed, contact the Mobile Foundation Team for approval, 4.19. Personal Use of Southwest-owned Portable Devices: Southwest-owned Portable Devices are to be used primarily for Southwest business purposes. Individuals may use a Southwest-owned Portable Device for personal purposes, including the downloading of personal applications ( apps ) and information (e.g. photos, videos, books, movies, etc.) to
5 a Southwest-owned Portable Device provided that (a) such personal use does not interfere with the individual s or co-workers performance of their job responsibilities or with the operations of the Portable Device, and (b) complies fully with all company policies. As described above, any such personal use is not private, and may be reviewed by Southwest at any time in its discretion. 4.20. Personally-owned Portable Device service(s) plans are the responsibility of the owner. Data overages are not the responsibility of Southwest. 4.21. Southwest-owned Portable Devices must be returned to the individual s supervisor when no longer required, if approval or authorization for use is revoked, or when employment/engagement with Southwest ends. 5. Disclaimer and Limitation of Liability YOU ACKNOWLEDGE THAT THE SERVICE(S) ARE PROVIDED BY AIRWATCH AND SECUREAUTH, AND NOT BY SOUTHWEST, AND AS SUCH CONTAINS THIRD PARTY MATERIALS AND/OR SERVICE(S). YOU AGREE THAT USE OF THE SERVICE(S) IS AT YOUR SOLE RISK AND THAT THE SERVICE(S) ARE PROVIDED "AS IS" AND AS AVAILBLE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FINESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. SOUTHWEST FURTHER DISCLAIMS ANY WARRANTY THAT THE SERVICE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE. IN NO EVENT SHALL SOUTHWEST NOR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DATA OR PROPERTY LOSS, THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICE(S), REGARDLESS OF WHETHER SOUTHWEST OR ITS AFFILIATES WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 6. General These Terms of Use and your use of the Service(s) shall be governed by and construed in accordance with the laws of the State of Texas without regard to any jurisdiction s conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms
6 of Use shall be filed only in the state and federal courts located in Dallas County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use may be assigned or transferred by Southwest without restriction. You are not permitted to assign or transfer your rights hereunder without the prior written consent of Southwest. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. These Terms of Use, including the Southwest Information Security Policy, constitute the entire agreement between you and Southwest relating to the subject matter herein, and completely replaces any prior agreements between you and Southwest in relation to the Service(s). It may not be amended or varied by you except in writing, signed by Southwest.