SBYSSL1Smart Swing USB Link Box

Exhibit J: Users Manual Evermore Systems Smart Swing USB Link Box 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…

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Exhibit I: Letter of Authorization Evermore Systems Smart Swing USB Link Box 8140 N. Mopac Fwy Building 1, Suite 135. Austin, Tx 78759 Letter_of_Agency-Authorization 9-Jul-04 1 of 1 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 USB Link Box 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

American Telecommunications Certification Body Inc. 6731 Whittier Ave, McLean, VA 22101 July 18, 2004 RE: Evermore Systems FCC ID: SYBSSL1 or SBYSSL1 After a review of the submitted information, I have a few comments on the above referenced Application. Administrative Issues: 1) The Grantee code given on the 731 form and test report appears incorrect and does not match the information given on the FCC site. Please confirm the correct grantee code in all affected exhibits. It appears the grantee code may be SBY. 2) 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. 3) Since this device connects to a computer (contains a USB interface) and used for residential customers, the device is also considered a class B PC peripheral subject to either a) DoC (note that DoC authorizations require a lab meeting the requirement of 2.948(d)) or alternatively b) Certification (requiring FCC or TCB review) for this part of the device. Note that the labeling and manual information are different depending on which process was used for approval of the PC Peripheral device (DoC / Certification). Currently the device does not appear include proper labeling (15.19) or manual information (2.1077 - see below) for a DoC authorization. Please explain which route is being used for compliance. If the device is being subject to Certification for the PC portion, Note that certification would be considered as a composite application and 2 certificates (one for the TX, one for the PC peripheral portion) would be issued. Additional information may be required and there are additional review costs associated with this additional certification. Note that the current test photographs do not support proper test positioning for PC peripherals devices according to ANSI C63.4. If the device is to be subject to a DoC, please confirm that the appropriately fully configured system according to ANSI C63.4 has been tested. Note the device and manual do not include the necessary information for a DoC. FYI: COMPLIANCE INFORMATION FOR DoC AUTHORIZATIONS (47CFR 2.1077) If a product is tested and authorized under a Declaration of Conformity, a compliance information statement shall be supplied with the product at the time of marketing or importation, containing the following information on a single page : (1) Identification of the product, i.e. name and model number. (2) A statement similar to that contained in Section 15.19(a)(3) that the product complies with Part 15 of the regulations. (3) The identification, by name, address and telephone number, of the responsible party. The responsible party is defined as either the manufacturer, or if the equipment is imported, the importer. The responsible party for a Declaration of Conformity must be located within the United States. z Page 2 July 18, 2004 4) The users manual appears to be missing the information required by 15.105. Please provide an updated version. 5) The highest reading on page 16 appears to calculate out to 0.0 dB margin. Please explain. 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.

American Telecommunications Certification Body Inc. 6731 Whittier Ave, McLean, VA 22101 July 21, 2004 RE: Evermore Systems FCC ID: SYBSSL1 or SBYSSL1 After a review of the submitted information, I have a few comments on the above referenced Application. Administrative Issues: 1) Your response states that 2431 MHz was correct frequency, but the only corrected exhibit appears to be the 731 form which was changed from 2431 to 2432 MHz. Also, the operational description has not been changed. We are confused. What is the correct frequency? 2) Please provide a corrected users manual that includes the information for 15.105. 3) Since DoC is being applied for the PC peripheral portion of the product, please provide an updated labeling exhibit that also includes the proper DoC labeling. 4) FYI.....The manufacturer is still response for making sure that DoC information previously mentioned gets added to the users manual. 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.

Hi Timothy I hope you are well, I hear you are on the other side of the world today! I have addressed the points you raise. Here are my reply comments. 1. Grantee code was my typo mistake on the 731. Kristi has corrected this. 2. Frequency is 2431 MHz. 3. We will go with the DOC route to conformity. The users manual will get the responsible party added. I confirm that the appropriately configured system according to ANSI C63.4 has been tested. 4. The 15.105 paragraph will be added to the manual. 5. The addition there appears in error due to rounding. The real value becomes clearer when significant digits are added. The data becomes, raw reading of 51.5000 less amplifier gain of 26.4422 plus antenna factor of 11.7706 plus cable loss of 3.1122 equals 39.9406 which is .0594 dB below the limit. Look for an email from Kristi advising you of the uploaded new users manual. Best regards, Mike Royer

Timothy, Well looks like I got the frequency wrong again. You are right it is 2432 MHz. The users manual is being updated, and will be along shortly. We are also improving the label. Mike Page 1 of 1In 7/21/2004Printed for "Timothy R. Johnson" <[email protected]>

Exhibit E2: External Photos Evermore Systems Smart Swing USB Link Box Evermore Systems Smart Swing USB Link Box

Exhibit C: Label Location Evermore Systems Smart Swing USB Link Box This device complies with part 1 Link Box label will be affixed as a sticker. 5 of the

Exhibit E1: Internal Photos Evermore Systems Smart Swing USB Link Box Evermore Systems Smart Swing USB Link Box Evermore Systems Smart Swing USB Link Box

Exhibit H: Description of Operation Evermore Systems Smart Swing USB Link Box 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 link box is device that connects to a PC using USB. The front of the box has two LEDs, one green to indicate power, and the other is amber to indicate transfer of data across the radio. The radio runs at 2.432 Ghz narrow band and is powered by USB. 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. This box allows wireless communication from the PC to the golf club, and stores the data in the computer. The antenna is a microstrip on the printed circuit board.

Professional Testing (EMI), Inc. Report No. 05051-10 Page 1 of 18 Exhibit B: Test Report Evermore Systems Smart Swing USB Link Box Professional Testing (EMI), Inc. Report No. 05051-10 Page 2 of 18 Project Number: 05051-10 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 link box (Intentional Radiator Portion) Professional Testing (EMI), Inc. Report No. 05051-10 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. 05051-10 Page 4 of 18 Applicant: Evermore Systems Applicant’s Address: 8140 North Mopac, Bldg. 1, Suite 135 Austin, Texas 78759 FCC ID: SYBSSL1 Project Number: 05051-10 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 link box 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 99.9 103.5 -3.6 Spurious 38.7 39.9 40 -0.1 Conducted 0.492 38.2 46.1 -7.9 Occupied Bandwidth 1.96 ______________________________ 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 link box will continue to comply with the FCC rules. _________________________________ Certificate Of Compliance Professional Testing (EMI), Inc. Report No. 05051-10 Page 5 of 18 1.0 EUT Description The Evermore Systems Smart Swing USB link box (EUT) is a PC peripheral used to form a wireless link to a companion golf club. After swinging the club, the user sends the swing analysis data to the link box using a 2432.1 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 Link Box Panasonic KX-P2123 Printer APC-21 External keyboard Dell I3700 (Inspiron 3700) Laptop computer 1.1 EUT Operation The Evermore Systems Smart Swi…

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Exhibit D: Test Setup Photos Evermore Systems Smart Swing USB Link Box Evermore Systems Smart Swing USB Link Box Microwave Radiated Emissions Conducted Emissions Evermore Systems Smart Swing USB Link Box 3 Meter Radiated Emissions – Front View 3 Meter Radiated Emissions – Side View