SBYSSC1Smart Swing Golf Club

Exhibit J: Users Manual Evermore Systems Smart Swing Golf Club SmartSwing Manual For questions regarding your SmartSwing product, please contact Customer Service at: [email protected] 888-SWING18 www.smartswinggolf.com Changing Golf...Forever Revolutionary Technology. Swing Visualization. More Fun. Modifications to this device not expressly approved by SmartSwing, Inc. could void user’s authority to operate it. This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference and (2) this device must accept any interference received, including interfer- ence that may cause undesired operation. CAUTION Evermoresystems 8140 North Mopac Building 1, Suite 135 Austin, TX 78759 Phone: 512-502-9551 NOTE: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residen- tial installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the inter- ference by one or more of the following measures: Reorient or relocate the receiving antenna. Increase the separation between the equipment and receiver. Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. Consult the dealer or an experienced radio/TV technician for help. SOFTWARE LICENSE AGREEMENT - SINGLE USE LICENSE 7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMARTSWING BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPE- CIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITH- OUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SMARTSWING PC SOFT- WARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SMARTSWING HAS BEEN ADVISED OF THE POS- SIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITA- TION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SmartSwing’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 8. Export Law Assurances. You may not use or otherwise export or reexport the SmartSwing PC software except as authorized by United States law and the laws of the jurisdiction in which the SmartSwing PC software was obtained. In particular, but without limitation, the SmartSwing PC software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SmartSwing PC software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 9. Government End Users. The SmartSwing PC software and related documentation are “Com- mercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 11. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the SmartSwing PC software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SmartSwing. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. SmartSwing, Inc. Copyright 2004 22 888-SWING18 [email protected] www.smartswinggolf.com PACKING LIST SMARTSWING BASICS System requirements Installing the software and initial setup The SmartSwing Learning System The Club (the hardware) PC software What is…

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Exhibit I: Letter of Authorization Evermore Systems Smart Swing Golf Club 8140 N. Mopac Fwy Building 1, Suite 135. Austin, Tx 78759 Letter_of_Agency-Authorization 9-Jul-04 1 of 2 07/08/2004 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 Letter of Authorization To Whom It May Concern: Please be advised that Evermore Systems., authorizes Professional testing to act on our behalf, until otherwise notified, for applications submitted to American Telecommunications Certification Body, Inc.(ATCB). We certify that we are not subject to denial of federal benefits, that includes FCC benefits, pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, U.S.C. 862. Further, no party as defined in 47 CFR 1.2002(b), to the application is subject to denial of federal benefits that includes FCC benefits. Thank you for your cooperation in this matter. Sincerely, John Lupher John Lupher Evermore Systems 8140 N. Mopac Building 1 Suite 135 Austin, Texas 78759

Exhibit K: Letter of Confidentiality Evermore Systems Smart Swing Golf Club 8140 N. Mopac Fwy Building 1, Suite 135. Austin, Tx 78759 Letter_Requesting_Confidentiality 8-Jul-04 1 of 1 July 17, 2003 FEDERAL COMMUNICATIONS COMMISSION 7435 Oakland Mills Road Columbia, MD 21046 U.S.A. Subject: Request for withholding from public disclosure the schematic diagram and system block diagram pursuant to an application for certification. Applicant: Evermore Systems Product: Smart Swing FCC ID: SBYSSL1 and SBYSSC1 Dear Sir/Madam, We, Evermore Systems, request that the schematic diagram and system block diagram submitted with application for certification for FCC ID: SBYSSL1 and SBYSSC1 be withheld from public disclosure as per Section 0.459 of FCC Rules. This request is made under the provisions of Section 0.457(d) of the Commission's Rules, and Section 552(b)(4) of the Freedom of Information Act. These sections authorize as a withholding from public inspection, material which would be privileged as a matter of law if retained by the person submitting them, and material which would not customarily be released to the public by that person. The detailed confidential materials are listed as follows: SmartSwing_Block_Diagram.doc SmartSwing_Schematics.pdf If you have any queries, please do not hesitate to contact us at 512-502-9551. Yours truly, John Lupher Evermore Systems

Exhibit L: Letter of Modification Evermore Systems Smart Swing Golf Club 8140 N. Mopac Fwy Building 1, Suite 135. Austin, Tx 78759 SmartSwing_Letter_of_Modification 13-Jul-04 1 of 1 July 13, 2004 American Telecommunications Certification Body, Inc. 6731 Whitter Avenue Suite C110 McLean, VA 22101 RE: Evermore Systems Smart Swing Golf Club FCC ID: SYBSSC1 Please be advised that the following information is a list of modifications that will be included in the production process for the above-referenced equipment • Added ferrite to charger cable nearest plug that mates with the golf club in order to pass Radiated Emissions - 207 MHz through 288 MHz. Thank you for your attention to this matter. John Lupher Evermore Systems 8140 N. Mopac Building 1 Suite 135 Austin, Texas 78759

American Telecommunications Certification Body Inc. 6731 Whittier Ave, McLean, VA 22101 July 18, 2004 RE: Evermore Systems FCC ID: SYBSSC1 or SBYSSC1 After a review of the submitted information, I have a few comments on the above referenced Application. Administrative Issues: 1) The Letter of Authorization, Letter of Confidentiality, Statement of Modifications, Schematic, and Users Manual exhibits do not contain any documents. Was this intentional? These exhibits could not be reviewed since they were not provided. Note that to support the confidentiality request, a letter must be provided. TX schematics, users manual, and statement of modifications must also be provided. 2) The Grantee code given on the 731 form appears incorrect and does not match the information given on the FCC site. Please confirm the correct grantee code and correct. It appears the grantee code may be SBY. 3) The 731 states a TX frequency of 2431, while the operational description states 2432. Which is correct? Please correct all affected exhibits for the correct frequency. 4) Please provide better internal or external photographs as necessary in order to show the position and type of antenna used. 5) Trying to open the test report asks about running a macro pulling information from another application/file. Without being assured the file is complete, the test report can not be reviewed. 6) FYI........Although not required, it is recommended that all files provided are in PDF format. This allows reviewing to occur much faster and usually files sizes are also smaller allowing faster uploads and quicker review times. Timothy R. Johnson Examining Engineer mailto: [email protected] The items indicated above must be submitted before processing can continue on the above referenced application. Failure to provide the requested information may result in application termination. Correspondence should be considered part of the permanent submission and may be viewed from the Internet after a Grant of Equipment Authorization is issued. Please do not respond to this correspondence using the email reply button. In order for your response to be processed expeditiously, you must submit your documents through the AmericanTCB.com website. Also, please note that partial responses increase processing time and should not be submitted. Any questions about the content of this correspondence should be directed to the sender.

Timothy, I'm uploading the pdf's as I type this. I grabbed the wrong files (.doc) the first time. Mike is working on getting better internal and external pics for you. The one's I'm uploading are the same. I've corrected the grantee code on the 731. The TX freq is 2432 and I've corrected it on the 731 as well. All other documents already reflect this frequency. This should take care of everything for the SBYSSC1 except for the internal and external pics. I'll send those as soon as possible. Thanks, Kristi Smith Technical Writer

Exhibit E2: External Photos Evermore Systems Smart Swing Golf Club Evermore Systems Smart Swing Golf Club

Exhibit C: Label Location Evermore Systems Smart Swing Golf Club FCC ID : SBYSSC1 This device complies with part 15 of the FCC Rules. Operations is subject to the following two conditions : (1) this device may not cause harmful interference and (2) this device must accept any interference received , including interference that may cause undesired operation. IMU Label to be affixed as a sticker

Exhibit E1: Internal Photos Evermore Systems Swing Smart Golf Club Evermore Systems Swing Smart Golf Club Internal Circuit Board in Smart Swing Golf Club Handle Internal Circuit Board – Top View Evermore Systems Swing Smart Golf Club Internal Circuit Board – End View Internal Circuit Board – End View Evermore Systems Swing Smart Golf Club Internal Circuit Board - Perpendicular Piece Internal Circuit Board - Bottom View Evermore Systems Swing Smart Golf Club Internal Circuit Board – Perpendicular Piece Closeup Internal Circuit Board – Bottom Closeup Evermore Systems Swing Smart Golf Club Rechargeable Batter Connection

Exhibit E1: Internal Photos Evermore Systems Swing Smart Golf Club Evermore Systems Swing Smart Golf Club Internal Circuit Board in Smart Swing Golf Club Handle Internal Circuit Board – Top View Evermore Systems Swing Smart Golf Club Internal Circuit Board – End View Internal Circuit Board – End View Evermore Systems Swing Smart Golf Club Internal Circuit Board - Perpendicular Piece Internal Circuit Board - Bottom View Evermore Systems Swing Smart Golf Club Internal Circuit Board – Perpendicular Piece Closeup Internal Circuit Board – Bottom Closeup Evermore Systems Swing Smart Golf Club Rechargeable Battery Connection Antenna position Antenna Position

Exhibit H: Description of Operation Evermore Systems Smart Swing Golf Club Evermore Systems Smart Swing Golf Club Smart Swing Theory of Operation 07/08/04 Product and Operational Description The Smart Swing product consists of two pieces, the IMU and the link box. The IMU is a printed circuit board that is placed inside a brass tube, which is then placed inside a golf club shaft. The top of the shaft has two buttons, one to turn Power on and off, and the other to flag data of a good golf swing by sounding an audible beep. The IMU’s hardware is designed to track the head of the club through out the golfer’s swing and transmit it back to the link box. The radio transmits the data on a 2.432 Ghz narrow band and is powered by batteries. The length of the packets being transferred is 255 bytes, with a range of thirty feet. The data rate across this distance is set at 1Mps, with a signaling bandwidth of 250Khz which uses the FSK modulation technique. Technical Description The IMU hardware, which is embedded in the golf club, has a microcontroller, three gyroscopes, two accelerometers, and 2.4 Ghz radio. The radio design is a 2.4 Ghz low power RF transceiver, with the antenna being a quarter wave stub antenna mounted outside the club shaft, under the rubber grip. During operation the radio will consume 19 mA to allow a maxium bandwidth of 1 Mbps.

Professional Testing (EMI), Inc. Report No. 05049-10 Page 1 of 18 Exhibit B: Test Report Evermore Systems Smart Swing USB Golf Club Professional Testing (EMI), Inc. Report No. 05049-10 Page 2 of 18 Project Number: 05049-10 Prepared for: Evermore Systems 8140 North Mopac, Bldg 1 Ste 135 Austin, TX 75052 By Professional Testing (EMI), Inc. 1601 FM 1460, Suite B Round Rock, Texas 78664 May 2004 CERTIFICATION Electromagnetic Interference Test Report Evermore Systems Smart Swing USB Golf Club (Intentional Radiator Portion) Professional Testing (EMI), Inc. Report No. 05049-10 Page 3 of 18 Table of Contents Title Page .........................................................................................................................................2 Table of Contents .............................................................................................................................3 Certificate of Compliance ................................................................................................................4 Table of Contents .............................................................................................................................3 1.0 EUT Description ..................................................................................................................5 1.1 EUT Operation.....................................................................................................................5 2.0 Electromagnetic Emissions Testing.....................................................................................5 2.1 Conducted Emissions Measurements ..............................................................................5 2.1.1 Test Procedure .........................................................................................................6 2.1.2 Test Criteria .............................................................................................................6 2.1.3 Test Results ..............................................................................................................6 2.2 Radiated Emissions Measurements .................................................................................6 2.2.1 Test Procedure .........................................................................................................7 2.2.2 Test Criteria .............................................................................................................7 2.2.3 Test Results ..............................................................................................................8 4.0 Antenna Requirement ..........................................................................................................8 4.1 Evaluation Procedure .......................................................................................................8 4.3 Evaluation Results ...........................................................................................................8 5.0 Modifications to Equipment ................................................................................................9 6.0 List of Test Equipment.........................................................................................................9 Figures FIGURE 1: Conducted Emissions Mains Terminal Measurements ............................................. 10 FIGURE 2: Radiated Emissions Test Setup ................................................................................. 11 Appendices Appendix A: Emissions Data Sheet ...............................................................................................12 Appendix B: Occupied Bandwidth Data Sheets............................................................................. 17 THIS REPORT SHALL NOT BE REPRODUCED EXCEPT IN FULL, WITHOUT THE WRITTEN APPROVAL OF PROFESSIONAL TESTING (EMI), INC. Professional Testing (EMI), Inc. Report No. 05049-10 Page 4 of 18 Applicant: Evermore Systems Applicant’s Address: 8140 North Mopac, Bldg 1, Ste 135 Austin, Texas 78759 FCC ID: SYBSSC1 Project Number: 05049-10 Test Dates: July 1, 2004 I, Jeffrey A. Lenk, for Professional Testing (EMI), Inc., being familiar with the FCC rules and test procedures have reviewed the test setup, measured data and this report. I believe them to be true and accurate. The Evermore Systems Smart Swing USB Golf Club was tested to and found to be in compliance with FCC Part 15 Subpart C for an Intentional Radiator. The highest emissions generated by the above equipment are listed below: Frequency (MHz) Level (dBμV/m) Limit (dBμV/m) Margin (dB) Fundamental 2432 93.1 103.5 -10.4 Spurious 288 44.9 46 -1.1 Conducted 0.154 33.6 55.8 -22.2 Occupied Bandwidth 1.74 ______________________________ Jeffrey A. Lenk President This report has been reviewed and accepted by Evermore Systems. The undersigned is responsible for ensuring that Evermore Systems Smart Swing USB Golf Club will continue to comply with the FCC rules. ___________________________________ Certificate Of Compliance Professional Testing (EMI), Inc. Report No. 05049-10 Page 5 of 18 1.0 EUT Description The Evermore Systems Smart Swing USB Golf Club (EUT) is a PC peripheral used to train athletes. After swinging the club data is gathered and stored within the Smart Swing Golf Club. When the user finishes play, the data can be transferred to the USB Link Box via a 2432 MHz signal. Both the club and the USB link box are transceivers so that confirmations of data transfer can be made. During the transfer of the swing analysis data the USB box sends the data to the PC for storage and analysis. 47 CFR 15.249 Fundamental Transmit Power 47 CFR 15.205 & 15.249 Spurious Radiated Power 47 CFR 15.203 Antenna Requirement 47 CFR 15.207 Conducted Emissions The system tested consisted of the following: Manufacturer & Model Serial # FCC ID # Description Smart Swing USB Box E5 USB Golf Club Panasonic KX-P2123 Printer APC-21 External keyboard Dell I3700 (Inspiron 3700) Laptop com…

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Exhibit D: Test Setup Photos Evermore Systems Smart Swing Golf Club Evermore Systems Smart Swing Golf Club Microwave Radiated Emissions – 1 GHz – 25 GHz 3 Meter Radiated Emissions – Front View Evermore Systems Smart Swing Golf Club 3 Meter Radiated Emissions – Side View Conducted Emissions Evermore Systems Smart Swing Golf Club Conducted Emissions