Legal Mobile Device Waiver

LEGAL MOBILE DEVICE WAIVER

This Mobile Device Waiver (the "Waiver") is made effective as of Effective Date: by and between Company Name: with principal address (the "Company"), and Device Holder Name: with address (the "Holder").

RECITALS

WHEREAS, the Company issues or permits use of mobile devices and related wireless services to certain employees and contractors to facilitate business communications and operations; and

WHEREAS, the Holder will receive or use a mobile device for business purposes and acknowledges that such issuance or permitted use is subject to the terms, conditions and limitations set forth in this Waiver; and

WHEREAS, the parties desire to set forth their respective rights, responsibilities and waivers relating to possession, use, security, monitoring, loss and return of the mobile device.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Device" means the mobile telephone, tablet, laptop, wireless modem, SIM card, or other portable communications equipment identified in Section 2 below, together with its accessories and installed software.

1.2 "Company Systems" means the Company's communications networks, email, applications, databases and other information resources accessible from the Device.

2. DEVICE IDENTIFICATION

Company-owned Personal device used for Company business

3. ACCEPTANCE, USE AND SECURITY

3.1 Holder acknowledges receipt or permission to use the Device and represents that the Holder is authorized to enter this Waiver. Holder agrees to use the Device in compliance with Company policies and to take reasonable security precautions, including but not limited to use of passcodes or biometric locks, prompt installation of security updates, and safeguarding against loss or theft.

3.2 Holder shall not root, jailbreak or otherwise alter the Device in a manner that circumvents security controls or the Company’s ability to manage or secure the Device.

4. DATA PRIVACY, MONITORING AND REMOTE ACTIONS

4.1 Holder acknowledges and consents that, to the extent necessary to protect Company Systems and Company data, the Company may monitor Device usage, access logs, communications transmitted through Company Systems, and may install, operate or require management software on the Device.

4.2 Holder expressly authorizes the Company to perform remote actions, including but not limited to remote locking and remote wiping of Company-managed data on the Device, in the event of loss, theft, decommissioning, termination of employment or contract, suspected compromise, or other security incident. Holder understands that remote wiping may result in permanent loss of personal data on a personal Device.

5. COSTS, LOSS, DAMAGE AND REPLACEMENT

5.1 Holder shall be responsible for reasonable care of the Device. The Holder will promptly report loss, theft or damage to the Company. Holder may be responsible for repair or replacement costs for damage or loss resulting from Holder's negligence, intentional misconduct, or failure to follow Company instructions.

5.2 If the Company provides a monthly stipend or reimburses charges for personal device use, such stipend and the conditions for reimbursement shall be recorded here.

6. INDEMNIFICATION

6.1 Holder shall indemnify, defend and hold harmless the Company and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to Holder’s misuse of the Device, failure to follow security procedures, unauthorized alteration of the Device, or negligence or willful misconduct in connection with the Device.

7. LIMITATION OF LIABILITY

7.1 Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental, special or punitive damages arising out of or related to this Waiver, whether in contract, tort or otherwise.

8. RETURN OF DEVICE

8.1 Upon request, termination of Holder's relationship with the Company, or when the Device is replaced, Holder shall return the Device and all accessories in good working condition, subject to reasonable wear and tear. The Company may require Holder to permit and cooperate with Company personnel in removing Company data and applications prior to or upon return.

9. NOTICES

9.1 All notices required or permitted under this Waiver shall be in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

10. AMENDMENT; WAIVER; COUNTERPARTS

10.1 This Waiver may be amended only by a written instrument signed by both parties. No waiver of any breach of this Waiver will constitute a waiver of any other breach. This Waiver may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

11. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

11.1 This Waiver shall be governed by and construed in accordance with the substantive laws of the state or jurisdiction identified below without regard to conflict of law principles.

11.2 If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

12. ACKNOWLEDGMENT AND CERTIFICATION

By signing below, Holder acknowledges that Holder has read and understands this Waiver, accepts the terms and conditions set forth herein, consents to the Company’s rights to monitor and to perform remote actions described above, and agrees to the indemnities, responsibilities and limitations of liability set forth in this Waiver.

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