FCC Statement Model: ACTVGM0001 FCC ID: ZXO-ACTVGM0001 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 residential 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 interference 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. Modifications not expressly approved by the manufacturer could void the users authority to operate the equipment under FCC rules. 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. Striiv_First_Steps_back_11.indd 1 9/14/11 3:35 PM Join the Movement around Movement 2011 Striiv, Inc. All rights reserved. Striiv, TruMotion, and Movement around Movement are trademarks of Striiv, Inc. All other brands and product names are or may be trademarks of their respective owners. Responsible Party Striiv, Inc., 2400 Broadway St., Suite 220, Redwood City, CA 94063 Software Licensing Agreement Last updated 9/1/2011 For future updates, go to www.striiv.com/legal. IMPORTANT PLEASE READ CAREFULLY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (AGREEMENT). BY USING THE LICENSED SOFTWARE, YOU AC-
KNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE LICENSED SOFTWARE AND SHOULD RETURN THE UNUSED LICENSED SOFTWARE, TOGETHER WITH ALL OF THE MATERI-
ALS IN THE PACKAGE, TO YOUR POINT OF PURCHASE. 1. Agreement. This Agreement is a binding legal agreement between you and Striiv, Inc. (Striiv) for the Licensed Software, which consists of computer software, firmware, associated media and content, and all documentation installed on the electronic device provided by Striiv (Hardware). Notwith-
standing the foregoing, certain items of third-party code may be included with the Licensed Software that are subject to open source licenses (Open Source Software). Such Open Source Software is not Licensed Software and is instead licensed under the terms of the license applicable to such Open Source Software (Open Source License), copies of which are reproduced in Appendix A. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Striiv_First_Steps_back_11.indd 2 9/14/11 3:35 PM Source License. By accepting this Agreement, you are also agreeing to comply with the terms and conditions of such Open Source Licenses. By using the Licensed Software you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Licensed Software. 2. License. Subject to the terms and conditions of this Agreement, Striiv grants to you a nontransferable, nonexclusive, royalty-free, fully paid, revocable, worldwide license (without the right to sublicense) to use, execute and display the Licensed Software, in executable object code format only, solely in accordance with its documentation and solely as necessary to operate the Hardware for your own personal use. 3. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party, provided, however, that you may transfer your copy of the Licensed Software solely with and as incorporated into the Hardware; (b) except as permitted by applicable law, you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Software or Hardware; (c) you shall not access the Licensed Software in order to build a similar or competitive product or service; (d) except as expressly stated in Sec-
tion 2 above, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechani-
cal, photocopying, recording or other means; (e) you shall not extract the Licensed Software from the Hardware; and (f) you shall not use the Licensed Software in any manner other than as expressly permitted in this Agreement. Any future release, update, or other addition to functionality of the Licensed Software that is provided by or on behalf of Striiv to you shall be subject to the Striiv_First_Steps_back_11.indd 3 9/14/11 3:35 PM terms of this Agreement, unless Striiv expressly states otherwise. Neither Striiv nor any of its suppliers is obligated to provide any services, updates or upgrades to the Licensed Software, or any maintenance or support for the Licensed Software. You shall preserve all copyright and other proprietary rights notices in the Licensed Software and all copies thereof. 4. Services. The Licensed Software may be designed for use in conjunction with certain services provided by Striiv (Services). Your access to and use of such Services are governed by the terms of the applicable Striiv Terms of Service. 5. Ownership. All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof) shall be owned and retained by Striiv or its suppliers. Any rights not expressly granted by Striiv in the Agreement are reserved, and there are no implied licenses granted under this Agreement. You acknowledge that you acquire no ownership interest in the Licensed Software. 6. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIIV PROVIDES THE LICENSED SOFTWARE AS-IS AND STRIIV AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES RELATING TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES RE-
GARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STRIIV DOES NOT WARRANT THAT USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LICENSED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 7. Limitation of Remedies and Damages. TO THE MAXIMUM EXTENT PERMIT-
TED BY LAW, NEITHER STRIIV NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR Striiv_First_Steps_back_11.indd 4 9/14/11 3:35 PM CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR
(B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIIV AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE THAT CAUSED SUCH DAMAGE. 8. Application of Limitations and Disclaimers to Consumers. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 9. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Striiv and you. Striiv would not be able to provide the Licensed Software on an economical basis without such limitations. 10. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you first use the Licensed Software and shall continue unless and until this Agreement is terminated by either party pursuant to this section. This Agreement will automatically terminate in the event that you materially breach any of the terms hereof. You may terminate this Agreement at any time, with or without cause. You may terminate this Agreement by sending either an email to customercare@striiv.com with your name and the subject TERMINATION OF LICENSE or a letter by United States Striiv_First_Steps_back_11.indd 5 9/14/11 3:35 PM mail to: Striiv, Inc., 2400 Broadway St., Suite 220, Redwood City, CA 94063 USA or to such other address as Striiv may specify in writing by posting the new address on the Striiv website. Upon termination, the license granted hereunder shall terminate and you shall immediately cease all further use of the Licensed Software, but Sections 3 through 10 and 12 through 14 will remain in effect. 11. Modifications. Striiv reserves the right to change the terms and conditions of this Agreement or its policies relating to the Licensed Software at any time. We will notify you of any material changes to this Agreement by prominently posting notice of the changes on the Services. Any material changes to this Agreement will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Services. These changes will be effec-
tive immediately for new users of our Licensed Software. If you do not agree with the changes to this Agreement, you must notify us prior to the effective date of the changes that you wish to terminate your license to the Licensed Software. Continued use of the Licensed Software, following notice of such changes, shall indicate your acknowledgement of such changes and agree-
ment to be bound by the terms and conditions of such changes. 12. Compliance with Laws. You agree to comply with all applicable laws and regulations regarding your use of the Licensed Software. The Licensed Software and related technology are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, the Licensed Software, any U.S. technical data acquired from Striiv, or any products utilizing such data, in violation of the United States export laws or regulations. You will indemnify and hold Striiv harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys fees) aris-
ing from or relating to any breach by you of your obligations under this section. Striiv_First_Steps_back_11.indd 6 9/14/11 3:35 PM 13. U.S. Government End Users. If you are entering into this Agreement on behalf of a branch or agency of the United States Government, the follow-
ing provision applies. The Licensed Software is comprised of commercial computer software and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. 14. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, except in connection with the sale of the Hardware on which the Licensed Software is installed. Any attempted assign-
ment or transfer in violation of the foregoing shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California with sole venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts, except that Striiv may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly superseded and are of no effect. Except as otherwise expressly Striiv_First_Steps_back_11.indd 7 9/14/11 3:35 PM provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties. QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-
mail to customercare@striiv.com. Appendix A Third Party Notices The Licensed Software includes third party software that requires the inclusion of the following notices:
FastLZ - lightning-fast lossless compression library Copyright 2007 Ariya Hidayat (ariya@kde.org) Copyright 2006 Ariya Hidayat (ariya@kde.org) Copyright 2005 Ariya Hidayat (ariya@kde.org) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the Software), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Striiv_First_Steps_back_11.indd 8 9/14/11 3:35 PM IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. URW Gothic L in Book, Demi, BookOblique, and DemiOblique Copyright 1999 by (URW)++ Design & Development URW Gothic L in Book, Demi, BookOblique, and DemiOblique are licensed under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. URW Gothic L in Book, Demi, BookOblique, and DemiOblique are distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANT-
ABILITY or FITNESS FOR A PARTICULAR PURPOSE. Limited Hardware Warranty Last updated 8/25/2011 For future updates, go to www.striiv.com/legal. 1. Limited Warranty. Striiv, Inc. (Striiv) warrants to the end user customer
(Customer) of the Striiv electronic device (Product) that the Product hardware components (Product Hardware), when used in accordance with the documentation furnished by Striiv (Documentation), will be free in all material respects of defects in materials and workmanship (Limited War-
ranty), for a period of one (1) year after the date of purchase by Customer of the applicable Product from Striiv or Striiv authorized reseller (the Warranty Period). If the Product Hardware (or any component or portion thereof) fails to conform to the Limited Warranty, Striiv, at its own expense and as its sole obligation, and Customers sole and exclusive remedy, for breach of this warranty will either (at Striiv sole discretion) (a) repair or replace any defective Striiv_First_Steps_back_11.indd 9 9/14/11 3:35 PM Product Hardware; or (b) accept the return of the Product incorporating the defective Product Hardware and refund to Customer the fees actually paid by Customer to Striiv or Striiv authorized reseller for such Product. Replacement Products and Product Hardware may be refurbished and/or different models will be supplied, but will be functionally equivalent to the Products or Product Hardware being replaced. When a Product or Product Hardware is replaced, any replacement item becomes Customers property and the replaced Prod-
uct or Product Hardware becomes Striiv property. Any Product that has either been repaired or replaced under this Limited Warranty will have warranty cov-
erage for the longer of ninety (90) days or the remaining Warranty Period. This Limited Warranty is transferable from Customer to subsequent Product owners, but the Warranty Period will not be extended for any such transfer. 2. Process. Striiv warranty obligations are conditioned on Customer (a) notifying Striiv using the customer care contact information available at Striiv website (www.striiv.com/customercare), during the Warranty Period, of any failure of The Product to meet the Limited Warranty, including a detailed description of such alleged failure and proof of purchase information as requested by Striiv, (b) otherwise complying with Striiv then-current return merchandise authorization guidelines (if any), and (c) shipping the affected Product, at Customers cost, to Striiv or Striiv designated third party facility for repair or replacement. Before Customer ships Customers Product to Striiv for warranty service, Customer is responsible for making a separate backup copy of the contents of the Product. THE CONTENTS OF THE PRODUCT MAY BE DE-
LETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Customers Product will be returned to Customer configured as origi-
nally purchased, subject to applicable updates. Customer will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. Striiv will have no warranty obligations with respect to a returned Product, if it determines, in its reasonable discretion, after analysis Striiv_First_Steps_back_11.indd 10 9/14/11 3:35 PM of that returned Product, that the Product is subject to an Exclusion (defined below). Striiv will bear all costs of return shipping to Customer, except, if (i) the Product is subject to an Exclusion, or (ii) Customers return shipping address is not located in a country in which Striiv, or Striiv authorized reseller(s), distributes Products, then Customer will bear all shipping costs. 3. Exclusions. Striiv will have no warranty obligation with respect to the following circumstances (Exclusions): (a) Product Hardware that has no defects in materials or workmanship, (b) Product nonconformities that Striiv is unable to reproduce, (c) Products sold as samples or AS IS, (d) Products that have been subject to: (i) any modifications, alterations, repair, or servicing by any party other than Striiv or Striiv authorized representatives; (ii) handling, storage, installation, testing, maintenance, or use not in accordance with the applicable Documentation; (iii) abuse, negligence, neglect, accidents, or misuse; (e) hardware not manufactured or supplied by Striiv; (f) cosmetic damage; (g) normal wear and tear; (h) any breakdowns, fluctuations, or inter-
ruptions in electric power or the telecommunications network; (i) performance of the Product Hardware in combination with other items not manufactured, approved, or supplied by Striiv; or (j) any acts of God, including fire, flood, tor-
nado, earthquake, hurricane, excessive snow, lightning; or (k) other disasters such as war, riot, or insurrection. 4. Disclaimers. EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN AS IS BASIS, AND STRIIV DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROD-
UCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. STRIIV DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. STRIIV RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF STRIIV. No Striiv_First_Steps_back_11.indd 11 9/14/11 3:35 PM Striiv reseller, agent, employee, or representative is authorized to make any modification, extension, or addition to this Limited Warranty. 5. Limitation of Liability. IN NO EVENT WILL STRIIV BE LIABLE FOR ANY CONSE-
QUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF STRIIV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 6. Consumer Protection. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 7. Severability. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. 8. Governing Law. This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. NOTE: Operating temperature ranges from -4F to 149F (-20C to 65C). Relative humidity ranges from 0% to 93% RH. Striiv_First_Steps_back_11.indd 12 9/14/11 3:35 PM