Manual Safety info

FCC ID: 2AAIMHS1

Users Manual

Download: PDF
FCCID_2183677

                                                                           smartwatch



             Contents:
             I. Safety and Regulatory Instructions . . . . . . . . 2
                  1. Qualcomm Toq smartwatch . . . . . . . . . . . . 2
                  2. Wireless charging platform . . . . . . . . . . . . 5
                  3. Headsets (if included) . . . . . . . . . . . . . . . . . 6
             II. Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
             III. End User License Agreement (EULA). . . 13



                  Please go to Toq.Qualcomm.com for latest version.




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             I. Safety and Regulatory Instructions

                 1. Qualcomm Toq Smartwatch

                  1.1 General
                  ONLY QUALCOMM® TOQ™ DEVICES SHOULD BE PLACED ONTO THE
                  QUALCOMM TOQ WIRELESS CHARGING PLATFORM. ONLY QUALCOMM TOQ
                  DEVICES CAN BE CHARGED BY THE WIRELESS CHARGING PLATFORM.
                  WARNINGS:
                    1. READ ALL INSTRUCTIONS IN THIS MANUAL BEFORE USING THE DEVICE.
                    2. Contains small parts, which may be a choking hazard. Not suitable for
                        children under age 3.
                    3. This Qualcomm Toq Wireless Charging Platform is for indoor use only and
                        should be kept away from water or chemical contact.
                    4. This Qualcomm Toq Wireless Charging Platform is an Information Technol-
                        ogy device and is intended for personal household use only. Do not install or
                        use the device in locations that may expose the it to ignitable or flammable
                        gases or liquids.
                    5. Do not expose the device to temperatures below 0 degrees C / 32 degrees F
                        or above 45 degrees C / 113 degrees F.
                    6. Plug the AC adapter only into a power source in accordance with the input
                        voltage ratings marked on the device.
                    7. Do not operate the Qualcomm Toq Wireless Charging Platform with a dam-
                        aged plug, or after the product malfunctions or is dropped or damaged in
                        any manner. Avoid dropping the device.
                    8. Do not place any objects or materials other than the ear piece and the
                        smartwatch on the Qualcomm Toq Wireless Charging Platform as they may
                        become damaged or hot to the touch. Use caution when handling objects
                        or materials that have been improperly placed onto the wireless charging
                        platform.
                    9. Credit cards, transportation system access cards, building access cards,
                        and employee identification cards (which often are kept in one’s wallet)
                        should not be placed on the Qualcomm Toq Wireless Charging Platform. In
                        addition, any card or other item containing a Radio-Frequency Identification
                        (RFID) chip should not be placed on the Qualcomm Toq Wireless Charging
                        Platform. If any such card or item is placed on the Qualcomm Toq Wireless
                        Charging Platform while a Qualcomm Toq-enabled device is being charged,
                        the card or item may become damaged and may need to be replaced. If you
                        are uncertain whether a particular card or item contains a RFID chip, please
                        contact the manufacturer or provider of that item.
                    10. Any changes made to the Qualcomm Toq Smartwatch, Wireless Charging
                        Platform, or Headsets (if included) will void the device’s warranty.
                    11. SAVE THESE INSTRUCTIONS.

                  1.2 Lithium Ion Battery
                  CAUTION: The Qualcomm Toq Smartwatch and Headsets (if included) contain
                  Lithium-Ion batteries. Observe the following warnings when handling them.
                    • DO NOT USE THIS PRODUCT IF THE BATTERY IS OPENED, LEAKING, OR
                      DAMAGED IN ANY WAY.

             2       SAFETY AND REGULATORY INSTRUCTIONS




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                      • Fire, Explosion, and Severe Burn Hazard. Do Not Crush, Disassemble, Heat
                        Above 45°C/113°F, or Incinerate.
                      • In case of fire, use CO2 or dry chemical extinguishers to put out the fire.
                      • Under normal condition of use, chemicals are contained in sealed assemblies.
                        Risk of exposure may occur if the battery is not properly maintained. Contents
                        of an opened battery can cause respiratory/skin/eye irritation. In the event
                        physical damage to battery cells results in leakage of chemical contents, indi-
                        viduals coming in contact with those chemicals should follow these steps:
                          ºº Eye contact: DO NOT RUB EYES. Immediately flush the eyes with plenty of
                             clean water for at least 15 minutes. Seek immediate medical treatment.
                          ºº Skin contact: Wash the contact areas thoroughly with water and soap. Seek
                             medical treatment if necessary.
                          ºº Inhalation: Move to fresh air immediately. Seek medical treatment if neces-
                             sary.

                    1.3 Aircraft, Hospitals
                    CAUTION: The Qualcomm Toq Smartwatch must be placed in airplane mode and
                    headsets turned off (if included) in airplanes, hospitals or other public locations
                    where handheld wireless and other electronic devices are prohibited.

                    1.4 Driving Precautions
                    Responsible, safe driving is your responsibility when operating a vehicle. Using a
                    mobile device or accessory for a call or other application such as email or texting
                    while driving may cause distraction and could result in death or injury to you
                    or others. Using a mobile device or accessory may be prohibited or restricted
                    in certain areas; always obey the laws and regulations on the use of these products.
                    While driving, Never:
                      •   Type or read texts.
                      •   Enter or review written data.
                      •   Search the Internet.
                      •   Input navigation information.
                      •   Perform any other functions that divert your attention from driving.
                    While driving, Always:
                      • Keep your eyes on the road.
                      • Use voice activated features, such as voice dial.
                      • Obey all local laws and regulations for the use of mobile devices and acces-
                        sories in the vehicle.
                      • End your call or other task if you cannot concentrate on driving.

                    1.5 Medical Devices
                    Pacemakers
                    The Health Industry Manufacturers Association recommends that a minimum
                    separation of 6 inches (15 centimeters) be maintained between a handheld wire-
                    less device and a pacemaker.
                    Persons with pacemakers should:
                      • Always keep the Qualcomm Toq Smartwatch and Headsets (if included) more
                        than 6 inches (15 centimeters) from your pacemaker.

                                                    SAFETY AND REGULATORY INSTRUCTIONS                     3




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                   • Do not carry the Qualcomm Toq Smartwatch or headsets (if included) in your
                     breast pocket.
                   • Place Qualcomm Toq Smartwatch in airplane mode and turn Headsets off (if
                     included) immediately if you have any reason to suspect that the smartwatch
                     is interfering with the pacemaker.
                   • Consult your physician if you have specific questions about the safe use of any
                     medical device.
                 Other Medical Devices
                 If you use any other medical device, consult the manufacturer of your device to
                 determine if it is adequately shielded from RF energy. Your physician may be able
                 to assist you in obtaining this information.

                 1.6 RF Exposure
                 The Qualcomm Toq Smartwatch and Headsets (if included) contain a radio
                 transmitter and use non-ionizing radio frequencies (RF). It complies with FCC and
                 Canadian exposure limits for an uncontrolled environment.

                 1.7 Federal Communications Commission (FCC) Information
                 Changes or modifications not expressly approved by the party responsible for
                 compliance could void the user’s authority to operate the equipment.
                 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 interference that
                 may cause undesired operation.
                 The Qualcomm Toq Smartwatch has been tested to the limits for a Class B digital
                 device, according to Part 15 of the FCC Rules. These limits are designed to provide
                 reasonable protection against harmful interference in a residential setting.
                 The Qualcomm Toq Smartwatch uses and radiates RF energy and if not used
                 according to instructions, may cause harmful interference to radio communications
                 or be interfered with. There is no guarantee that interference will not occur in a
                 particular installation.
                 The Qualcomm Toq Smartwatch must not be co-located or operated in conjunc-
                 tion with any other unaffiliated antenna or transmitter.
                 If the Qualcomm Toq Smartwatch causes harmful interference to radio or television
                 reception, which can be determined by moving the Qualcomm Toq Smartwatch
                 further away, try to correct the interference by taking one or more of the following
                 actions:
                   • Increase the distance between the Qualcomm Toq Smartwatch and radio or
                     television receiver, or
                   • Consult the dealer where you bought your radio/TV or an experienced radio/
                     TV technician.
                 If the Qualcomm Toq Smartwatch is being interfered with, try to correct the inter-
                 ference by taking the following actions:
                   • Make sure that the Qualcomm Toq Smartwatch is no closer than 10 ft (3 m) of
                     a Wi-Fi access point, microwave oven or 2.4 GHz cordless phone.
                   • Increase the distance between the Qualcomm Toq Smartwatch and all other
                     electronic equipment by moving the Qualcomm Toq Smartwatch.


             4     SAFETY AND REGULATORY INSTRUCTIONS




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                    1.8 Industry Canada (IC) Information
                    This Class B digital apparatus complies with Canadian ICES-003. The term IC
                    before the equipment certification number only signifies that the Industry Canada
                    technical specifications were met.
                    Cet appareil numerique de la classe A est conforme a la norme NMB-003 du
                    Canada. Le terme IC avant le numero d’homologation ne signifie seulement queles
                    normes d’Industrie Canada ont ete respectees.
                    This device complies with Industry Canada licence-exempt RSS standard(s).
                    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 interference
                         that may cause undesired operation.
                    Le présent appareil est conforme aux CNR d’Industrie Canada applicables aux
                    appareils radio exempts de licence.
                    L’exploitation est autorisée aux deux conditions suivantes:
                      1. l’appareil ne doit pas produire de brouillage, et
                      2. l’utilisateur de l’appareil doit accepter tout brouillage radioélectrique subi,
                         même si le brouillage est susceptible d’en compromettre le fonctionnement.

                    1.9 Bluetooth Wireless Technology
                    Bluetooth devices communicate without wires, using built-in radio transceivers that
                    operate on a globally available radio frequency to ensure worldwide compatibility.
                    The Qualcomm Toq Smartwatch and Headsets (if included) can communicate with
                    other Bluetooth devices within a range of approximately 10 meters (33 feet).

                  2. Wireless Charging Platform
                    2.1 Federal Communications Commission (FCC) Information
                    This device complies with Part 18 of the FCC Rules. Changes or modifications not
                    expressly approved by the party responsible for compliance could void the user’s
                    authority to operate the equipment.
                    The Qualcomm Toq Wireless Charging Platform generates and uses RF energy
                    locally for power transfer and battery charging, and if not used according to the
                    instructions, may cause harmful interference to radio communications or be
                    interfered with. There is no guarantee that interference will not occur in a particular
                    installation.
                    The Qualcomm Toq Wireless Charging Platform must not be co-located or oper-
                    ated in conjunction with any other unaffiliated antenna or transmitter.
                    If the Qualcomm Toq Wireless Charging Platform causes harmful interference to
                    radio or television reception, which can be determined by unplugging the Qual-
                    comm Toq Wireless Charging Platform, try to correct the interference by taking
                    one or more of the following actions:
                      • Increase the distance between the Qualcomm Toq Wireless Charging Platform
                        and radio or television receiver, or
                      • Consult the dealer where you bought your radio/TV or an experienced radio/
                        TV technician.


                                                   SAFETY AND REGULATORY INSTRUCTIONS                    5




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                  If the Qualcomm Toq Wireless Charging Platform is being interfered with, try to
                  correct the interference by taking the following actions:
                    • Make sure that the Qualcomm Toq Wireless Charging Platform is no closer
                      than 5 cm to any metallic object with similar or greater size than the Qual-
                      comm Toq Wireless Charging Platform.
                    • Increase the distance between the Qualcomm Toq Wireless Charging Platform
                      and all other electronic equipment by moving the Qualcomm Toq Wireless
                      Charging Platform.
                  2.2 Industry Canada (IC) Information
                  This ISM device complies with Canadian ICES-001.
                  Cet appareil ISM est conforme à la norme NMB-001 du Canada.
                  2.3 RF Exposure Information
                  The Qualcomm Toq Wireless Charging Platform uses radio frequencies (RF) for
                  power transfer and charging. It complies with FCC and Canadian exposure limits
                  for an uncontrolled environment. In order to comply with FCC and Canadian RF ex-
                  posure requirements, a minimum separation distance of 10 cm must be maintained
                  between the Qualcomm Toq Wireless Charging Platform and all persons during
                  normal charging operation.

                 3. Headsets (if included)

                  3.1 Audio Safety Instructions
                  WARNING: Exposure to high volume sound levels or excessive sound pressure
                  may cause temporary or permanent hearing loss or damage. Although there is no
                  single volume setting that is appropriate for everyone, you should always use your
                  headsets with the volume set at moderate levels and avoid prolonged exposure to
                  high volume sound levels. The louder the volume, the less time is required before
                  your hearing could be affected. To protect your hearing, some hearing experts
                  suggest that you:
                    • Set the volume control to a low setting before using your headsets and use as
                      low a volume setting as possible during use.
                    • Avoid turning up the volume to block out noisy surroundings.
                    • Limit the amount of time you use the headsets at high volume levels.
                    • Turn the volume down if the sound from the headsets prevents you from hear-
                      ing people speaking in your immediate environment.

                  3.2 Federal Communications Commission (FCC) Information
                  Changes or modifications not expressly approved by the party responsible for
                  compliance could void the user’s authority to operate the equipment.
                  The Qualcomm Toq Headsets comply 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
                  interference that may cause undesired operation.
                  The Qualcomm Toq Headsets have been tested to the limits for a Class B digital
                  device, according to Part 15 of the FCC Rules. These limits are designed to provide
                  reasonable protection against harmful interference in a residential setting.


             6       SAFETY AND REGULATORY INSTRUCTIONS




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                    The Qualcomm Toq Headsets use and radiate RF energy and if not used according
                    to instructions, may cause harmful interference to radio communications or be
                    interfered with. There is no guarantee that interference will not occur in a particular
                    installation.
                    The Qualcomm Toq Headsets must not be co-located or operated in conjunction
                    with any other unaffiliated antenna or transmitter.
                    If the Qualcomm Toq Headsets cause harmful interference to radio or television
                    reception, which can be determined by turning off the Qualcomm Toq Headsets,
                    try to correct the interference by taking one or more of the following actions:
                      • Increase the distance between the Qualcomm Toq Headsets and radio or
                        television receiver, or
                      • Consult the dealer where you bought your radio/TV or an experienced radio/
                        TV technician
                    If the Qualcomm Toq Headsets are being interfered with, try to correct the interfer-
                    ence by taking the following actions:
                      • Make sure that the Qualcomm Toq Headsets are no closer than 10 ft (3 m) of a
                        Wi-Fi access point, microwave oven or 2.4 GHz cordless phone.
                      • Increase the distance between the Qualcomm Toq Headsets and all other
                        electronic equipment by moving the Qualcomm Toq Headsets.

                    3.3 Industry Canada (IC) Information
                    This Class B digital apparatus complies with Canadian ICES-003. The term IC
                    before the equipment certification number only signifies that the Industry Canada
                    technical specifications were met.
                    Cet appareil numerique de la classe A est conforme a la norme NMB-003 du
                    Canada. Le terme IC avant le numero d’homologation ne signifie seulement queles
                    normes d’Industrie Canada ont ete respectees.
                    This device complies with Industry Canada licence-exempt RSS standard(s).
                    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 interference
                         that may cause undesired operation.
                    Le présent appareil est conforme aux CNR d’Industrie Canada applicables aux
                    appareils radio exempts de licence.
                    L’exploitation est autorisée aux deux conditions suivantes:
                      1. l’appareil ne doit pas produire de brouillage, et
                      2. l’utilisateur de l’appareil doit accepter tout brouillage radioélectrique subi,
                         même si le brouillage est susceptible d’en compromettre le fonctionnement.




                                                   SAFETY AND REGULATORY INSTRUCTIONS                    7




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             II. QUALCOMM TOQ HARDWARE WARRANTY
             Qualcomm Connected Experiences, Inc. (“QCE”) ONE (1) YEAR Limited Hardware
             Warranty (“Limited Warranty”)
             SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
             OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN
             IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLU-
             SIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE
             INCONSISTENT WITH YOUR STATE’S (OR COUNTRY’S) APPLICABLE LAW. THIS
             LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
             HAVE OTHER RIGHTS UNDER APPLICABLE LAW.
             QCE’s warranty obligations for the Toq smartwatch, wireless charging unit, and/or
             headset(s) (as applicable) that accompany this warranty (the “Product”) are limited
             to the terms set forth below. QCE warrants that the Product, if not modified and when
             used properly and in accordance with the Product documentation, will be free from
             a reproducible defect that eliminates the functionality or successful operation of a
             feature critical to the primary functionality or successful operation of the Product for
             a period of ONE (1) YEAR from the date of retail purchase by the original end-user
             purchaser (as evidenced by proof of purchase from a QCE authorized retailer) (the
             “Warranty Period”). Whether a defect occurs will be determined solely with reference
             to the published Product documentation. If a hardware defect arises with the Product
             and a valid claim is received by QCE within the Warranty Period, QCE will, at its sole
             and exclusive option and to the extent permitted by law, either: (a) repair the appli-
             cable hardware at no charge, using new parts or reconditioned parts equivalent to new
             in performance and reliability, (b) exchange the applicable hardware with a Product
             that is new or equivalent to new in performance and reliability and is at least function-
             ally equivalent to the original Product, or (c) refund the purchase price of the Product,
             provided that you return the Product to QCE as provided below. QCE may request
             that you replace defective parts with new or refurbished user-installable parts that
             QCE provides in fulfillment of its warranty obligation. A replacement Product or part,
             including a user-installable part that has been installed in accordance with instructions
             provided by QCE, assumes the remaining warranty of the original Product or ninety
             (90) days from the date of replacement or repair, whichever provides longer coverage
             for you. When a Product is exchanged, any replacement item becomes your property
             and the replaced item becomes QCE’s property. Parts provided by QCE in fulfillment of
             its warranty obligation must be used in Products for which warranty service is claimed.
             When a refund is given, QCE may require that the Product for which the refund is
             provided is returned to QCE, at which time it shall become QCE’s property.

             EXCLUSION AND LIMITATIONS
             This Limited Warranty applies only to the Product and not to any other products,
             services, applications or accessories of QCE. Further, this Limited Warranty does not
             apply to any non-QCE product, software or service, even if packaged or sold with
             the Product. Manufacturers, suppliers, or third parties other than QCE may provide
             their own warranties. QCE, to the extent permitted by law, provides the Product only
             under this Limited Warranty and otherwise “AS IS”. Software distributed by QCE with
             or without the Qualcomm Toq brand name (including, but not limited to, application
             software) is not covered under this Limited Warranty. Refer to the End User License
             Agreement accompanying the Product and/or the software for details of your rights
             and obligations with respect to the use of such software. QCE does not warrant that

             8     QUALCOMM TOQ HARDWARE WARRANTY




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                 the operation of the Product will be uninterrupted or error-free. QCE is not responsible
                 for damages arising from any failure to follow instructions relating to the Product’s use.
                 Transfer or resale of the Product will automatically terminate this Limited Warranty
                 with respect to such Product. This Limited Warranty is not transferable to any third
                 party, including but not limited to any subsequent purchaser, owner or user of the
                 Product.
                 This Limited Warranty does not apply in any of the following cases: (a) if damage or
                 defects are caused by customer abuse, accident, neglect, improper handling, utilization
                 or installation, or by failing to operate the Product in compliance with the user manual,
                 quick start guide or other user guides; (b) to consumable parts, such as batteries, un-
                 less damage has occurred due to a defect in materials and workmanship; (c) if damage
                 or defects are caused by the battery being tampered with to cause a short-circuit,
                 or if the seals of the battery enclosure or the cells are broken or show evidence of
                 tampering; (d) if damage or defects are caused by defects or failures in third party
                 data services, wireless networks, or service disruptions, or if the Product software
                 needs to be upgraded due to changes in wireless network parameters; (e) to wear
                 and tear or to cosmetic damage, including but not limited to scratches, dents, broken
                 plastic on parts or any physical damage to the surface of the Product; (f) if damage or
                 defects are caused by rough handling or other physical damage or extreme thermal
                 or environmental conditions or a rapid change in such conditions, corrosion, oxidation,
                 unauthorized modifications or connections, unauthorized opening or repair, repair by
                 use of unauthorized spare parts, accidents, forces of nature, or other actions beyond
                 the reasonable control of QCE; (g) if damage or defects are caused by exposure to
                 moisture or dampness; (h) if damage or defects are caused by the Product being used
                 with or connected to an accessory not approved or certified by QCE; (i) if damage or
                 defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external
                 causes; (j) if damage or defects are caused by operating the Product outside of the
                 permitted or intended uses described by QCE; (k) if damage or defects are caused
                 by alterations made to the Product, including service, upgrades and expansions
                 performed by anyone who is not a representative of QCE or a QCE authorized retailer
                 or service provider; (l) if a Product or part has been modified to alter functionality or
                 capability without the written permission of QCE; (m) if any identifying model number
                 or mark has been removed or defaced, (n) to a recalled Product, part or component, if
                 a replacement Product, part or component was made available by QCE, (o) to freight
                 costs to ship the Product to the repair depot; (p) to commercial use of the Product; or
                 (q) to any cuts or alterations made to the wristband of the Product not in accordance
                 with QCE’s instructions accompanying the Product or otherwise made available to you.
                 Important: Do not open the Product itself. Opening the Product may cause damage
                 and will void this Limited Warranty. Only QCE or a QCE authorized service provider
                 should perform service on the Product.

                 DISCLAIMER OF ALL OTHER WARRANTIES
                 TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE
                 REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
                 WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN,
                 STATUTORY, EXPRESS OR IMPLIED, FOR ANY PRODUCT, SOFTWARE OR SERVICE.
                 TO THE EXTENT PERMITTED BY APPLICABLE LAW, QCE, ITS MANUFACTURERS,
                 SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES,
                 SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,

                                                     QUALCOMM TOQ HARDWARE WARRANTY                      9




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             INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS
             FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRAN-
             TIES AGAINST HIDDEN OR LATENT DEFECTS. If QCE, its manufacturers, service
             providers, licensors and each of their respective affiliates cannot lawfully disclaim
             statutory or implied warranties, then to the extent permitted by law, all such warran-
             ties shall be limited in duration to the duration of the express warranty and to repair,
             replacement, or refund as determined by QCE in its sole discretion. No QCE reseller,
             agent, partner, affiliate or employee is authorized to make any modification, extension,
             or addition to this Limited Warranty. If any term of this Limited Warranty is held to be
             illegal or unenforceable, the legality or enforceability of the remaining terms shall not
             be affected or impaired.

             LIMITATION OF LIABILITY
             SOLELY TO THE EXTENT PERMITTED BY APPLICABLE LAW, QCE, ITS MANUFAC-
             TURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE
             AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL,
             PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
             FROM THIS LIMITED WARRANTY (REGARDLESS OF THE FORM OF ACTION); THE
             SALE OR USE OF THE PRODUCTS OR RELATED EQUIPMENT OR SOFTWARE; THE
             PERFORMANCE OF SERVICES BY QCE PURSUANT TO THIS AGREEMENT; THE
             BREACH OF ANY WARRANTY OR CONDITION; OR UNDER ANY OTHER LEGAL
             THEORY, INCLUDING BUT NOT LIMITED TO INCONVENIENCE, LOSS OF USE, LOSS
             OF TIME, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (IN-
             CLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS
             OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS
             OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION
             OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER
             CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY
             COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM
             OR DATA STORED IN OR USED WITH THE PRODUCT, AND ANY FAILURE TO
             MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. QCE’S
             CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY,
             NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION,
             OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE
             UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE PAID FOR THE PROD-
             UCT. YOU HEREBY RELEASE QCE, ITS MANUFACTURERS, SERVICE PROVIDERS,
             LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES FROM ANY AND ALL
             OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. QCE IS
             ALSO NOT LIABLE AND DISCLAIMS ALL LIABILITY FOR ANY COSTS OR DAMAGES
             ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. QCE,
             ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR
             RESPECTIVE AFFILIATES, DISCLAIM ANY WARRANTY OR REPRESENTATION THAT
             IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR
             MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR
             DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR
             OTHERWISE, MUST BE BROUGHT WITHIN TWO (2) YEARS FROM THE DATE THE
             CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN
             ESSENTIAL PART OF THIS AGREEMENT.
             Some jurisdictions do not allow the exclusion or limitation of implied warranties or
             limitation of liability for incidental or consequential damages, so the above limitations

             10    QUALCOMM TOQ HARDWARE WARRANTY




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                or exclusions may not apply or may be narrower in those jurisdictions. However, the
                parties intend for this limitations of liability provision to apply to the maximum extent
                allowed under applicable law. This limitation of liability provision shall apply notwith-
                standing any contrary provision in this Limited Warranty.

                OBTAINING WARRANTY SERVICE
                Please access and review self-help resources that QCE makes available online, if any,
                before seeking warranty service for the Product. If you review online resources and the
                Product is still not functioning properly, visit QCE’s website for the Product at
                www.toq.qualcomm.com for instructions on how to obtain warranty service or contact
                customer support. You must follow QCE’s warranty process to obtain warranty service.
                QCE may provide warranty service in one of the following ways, at its election and as it
                deems appropriate: (a) at a QCE authorized retailer or service provider location, where
                service is performed at the location, or else the QCE authorized retailer or service pro-
                vider may send the Product to a QCE repair service location for service, (b) by sending
                you a return label (and if you no longer have the original packaging, QCE may send
                you packaging material) to enable you to ship the Product at your cost to QCE’s repair
                service location for service, (c) by sending you new or refurbished customer-installable
                replacement Product or parts to enable you to service or exchange your own Product
                (“DIY Service”), or (d) by such other means as QCE elects, as stated on its website.
                Upon your receipt of the replacement Product or part, the original Product or part
                becomes the property of QCE and you agree to follow QCE’s instructions, including, if
                required, arranging for the return of original Product or part to QCE in a timely manner
                and at your cost. When providing DIY Service requiring the return of the original
                Product or part, QCE may require payment by credit card as security for the retail price
                of the replacement Product and applicable shipping costs. If you follow instructions,
                QCE will refund the applicable portion of your charge so you will not be charged for the
                Product or part (although shipping charges may not be refunded). If you fail to return
                the replacement Product or part as instructed, QCE will charge the credit card for the
                authorized amount. If QCE determines that a returned Product or part is not within
                the applicable Warranty Period or is otherwise not covered by this Limited Warranty,
                QCE will give you the option of returning the Product or part to you at your cost or else
                disposing of it. Service options under this Limited Warranty are subject to change at
                any time. In accordance with applicable law, QCE will require that you furnish proof
                of purchase details and/or comply with registration requirements before receiving
                warranty service.
                QCE’s policy regarding the maintenance and use of customer information is set forth in
                its Privacy Policy accessible at www.toq.qualcomm.com/privacy.
                Before you deliver your Product for warranty service, it is your responsibility to “unpair”
                the smartwatch from your mobile handset to remove any personal data that may be
                stored on the smartwatch. You can unpair the smartwatch from your handset by
                choosing the “Unpair” option from the Settings>Bluetooth menu on the smartwatch. IT
                IS POSSIBLE THAT THE CONTENTS OR DATA ON YOUR WRIST DISPLAY WILL BE
                LOST OR REFORMATTED IN THE COURSE OF WARRANTY SERVICE, AND QCE AND
                ITS PARTNERS, AGENTS, REPRESENTATIVES, LICENSORS AND THEIR RESPEC-
                TIVE AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF
                PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON ANY PART OF THE
                PRODUCT SERVICED. Your Product will be returned to you configured as originally
                purchased, subject to any applicable updates that QCE deems necessary or advisable

                                                    QUALCOMM TOQ HARDWARE WARRANTY                          11




zola-safety-and-warranty-information-082213.indd 11                                                  8/29/13 7:25 PM


             to include. You 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.




             12    QUALCOMM TOQ HARDWARE WARRANTY




zola-safety-and-warranty-information-082213.indd 12                                                  8/29/13 7:25 PM


                III. Qualcomm Toq End User License Agreement
                This End User License Agreement applicable to Qualcomm Toq (which can also be
                found and printed at www.toq.qualcomm.com) (the “Agreement”) forms a legally
                binding contract between you or the legal entity you represent (“You” or “Your”)
                and Qualcomm Connected Experiences, Inc. (“QCE”). This Agreement governs Your
                access to and use of the Qualcomm Toq application (the “Application”), smartwatch
                software, firmware and all other product software and related products, documentation
                and services provided in connection with Qualcomm Toq (collectively, the “Software”).
                IN ORDER TO USE THE SOFTWARE, YOU MUST AGREE TO THESE TERMS.
                PLEASE READ THEM CAREFULLY. BY ACCESSING OR USING THE SOFTWARE,
                YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. IN ORDER TO INSTALL
                AND USE THE QUALCOMM TOQ SOFTWARE, YOU MUST CLICK “ACCEPT” WHERE
                INDICATED ON YOUR DEVICE. IF YOU DO NOT AGREE TO THE TERMS AND CON-
                DITIONS OF THIS AGREEMENT, DO NOT CLICK “ACCEPT” AND DO NOT USE THE
                SOFTWARE. QCE MAY SUSPEND OR TERMINATE YOUR USE OF THE SOFTWARE IF
                YOU FAIL TO COMPLY WITH ANY PART OF THIS AGREEMENT.
                1. License Grant
                Subject to this Agreement, QCE hereby grants You a non-exclusive, non-sublicensable,
                non-transferable, revocable, limited copyright license to download and install the
                Application and to use the Software only as authorized in this Agreement and for Your
                personal and non-commercial use only. With respect to any documentation provided
                or made available to You with the Software, You may reproduce a reasonable number
                of copies and use such documentation as provided by QCE only in support of Your
                permitted use of the Software as provided in this Agreement. You shall not distribute
                the documentation without QCE’s prior consent, which it can provide or withheld in its
                sole discretion.
                2. Updates
                You agree that QCE may from time to time automatically download and install, or
                otherwise make available to You, updates, upgrades and additional features for the
                Software (collectively “Updates”). You acknowledge and agree that QCE has no
                obligation to support or provide Updates to the previous version(s) of Software. This
                Agreement shall apply to any Update that is not distributed with a separate license or
                other agreement.
                3. Restrictions
                You shall not rent, lease, loan or otherwise in any manner provide or distribute the
                Qualcomm Toq software or documentation or any copies thereof to any third party.
                You shall not attempt to, or encourage or assist another person to, decompile, reverse
                engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security
                technology, software, or rights management information contained within the Software
                or in any software used to enable the Software. You shall not modify or remove any
                copyright, trademark or other proprietary rights notice on any software, documentation
                or other materials provided with the Software. You shall not use the Software for any
                purpose that is illegal or for any purpose other than as expressly permitted in Section 1
                (License Grant) of this Agreement.




                                          QUALCOMM TOQ END USER LICENSE AGREEMENT                     13




zola-safety-and-warranty-information-082213.indd 13                                                8/29/13 7:25 PM


             4. Your Responsibilities
             You are solely responsible for Your use of the Software, including without limitation any
             information, communications, texts, graphics, user locations, and other materials and
             content (collectively, “Content”) You send, receive or access through use of the Soft-
             ware, and any consequences resulting from Your use or distribution of such Content or
             any other party’s use of or reliance on such Content. You acknowledge and agree that
             You may receive Content from other users or third parties through the Software, and
             that QCE and its affiliates will have no responsibility or liability for such Content. QCE
             shall have no obligation to create, monitor, examine or inspect the Content delivered
             to or sent by You through the Software. QCE merely provides a platform for the
             transmission of Content to and from Your device, and is not responsible for and does
             not warrant the content, accuracy, completeness, timeliness, validity, copyright compli-
             ance, legality, decency, quality or any other aspect of any Content. The Content does
             not represent or reflect any advice, views, opinions or beliefs of QCE and QCE does not
             endorse or claim any responsibility for the Content. If you send any sexually explicit
             Content and/or Content that would reasonably be expected to be offensive to others,
             You are responsible for identifying it in a manner sufficient to give the recipient notice
             of the nature of such Content prior to viewing it.
             Neither QCE nor any of its Content providers guarantees the availability, accuracy,
             completeness, reliability, or timeliness of stock information, location data or any other
             data displayed through use of the Software. Financial information displayed by the
             Software is for general informational purposes only, and should not be relied upon as
             investment advice. Before executing any securities transaction based upon informa-
             tion obtained through the Software, You should consult with a financial or securities
             professional who is legally qualified to give financial or securities advice in Your
             country or region. Location data provided by the Software, including any maps service
             accessed through the Software, is provided for basic navigational and/or planning
             purposes only and is not intended to be relied upon in situations where precise loca-
             tion information is needed or where erroneous, inaccurate, time-delayed or incomplete
             location data may lead to death, personal injury, property or environmental damage.
             You agree that the results You receive from any maps service accessed through
             the Software may vary from actual road or terrain conditions due to factors that can
             affect the accuracy of such maps data, such as, but not limited to, weather, road and
             traffic conditions, and geopolitical events. For Your safety when using any navigation
             features, always pay attention to posted road signs and current road conditions, and
             follow safe driving practices and traffic regulations.
             You must notify QCE immediately of any breach of security or unauthorized use of
             Your device enabled to access the Software. You are responsible for any unauthorized
             use of Your account and You may be liable for the losses of QCE or others due to such
             unauthorized use.
             You may not use the Software to transfer Content which is or may reasonably be
             deemed to be: (1) Infringing or violating intellectual property, proprietary rights, or
             confidentiality of other parties, including patents, copyrights, trademarks, service
             marks, trade secrets, property, privacy, publicity and other similar rights; or (2) publicly
             identifying minors, their personal details or their address or ways to contact them;
             or, (3) encouraging, supporting, assisting, providing instructions or advising in the
             committing of a criminal offense, under the applicable laws; or, (4) prohibited by any
             applicable law, including court restraining orders; or, (5) threatening, abusive, harassing,


             14     QUALCOMM TOQ END USER LICENSE AGREEMENT




zola-safety-and-warranty-information-082213.indd 14                                                    8/29/13 7:25 PM


                defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
                or (6) violating this Agreement.
                5. Third Party Materials
                The Software may display, include, link or otherwise make available to You Content,
                data, information, applications, software, materials or websites of third parties (“Third
                Party Materials”). You acknowledge and agree that Your use of Third Party Materials
                may be subject to the terms of one or more third party license agreements, terms of
                use or the like, and You agree to comply with all such terms. To the extent that the
                Software is packaged or provided by QCE with Third Party Materials that are subject
                to third party license terms, You may find these terms in one or more of the following
                locations: (1) this Agreement (including, without limitation, the body of this Agreement,
                or as an attachment, appendix, exhibit, or the like, hereto), (2) the “About” section of
                the Qualcomm Toq software application(s) You have received, (3) posted by QCE on
                its website, (4) in the packaging or materials provided for or with Your device, or (5)
                made available separately by third parties in conjunction with Your use of the Software.

                6. Privacy
                QCE does not collect Your personal information unless you contact us to purchase
                a product, service, or to request customer support in which case our website privacy
                policy is applicable and can be found at
                www.toq.qualcomm.com/privacy.
                When You first turn on your device, Your contact information will be transmitted via
                Bluetooth from Your handset to the smartwatch but not to QCE.
                While using the smartwatch, the Application will transmit call, text, and other applicable
                data via Bluetooth to Your smartwatch depending on the services You use.
                The smartwatch enables selected third parties to offer services such as weather
                reports, stock tickers, and other functions. In such cases, these third party services
                may collect personal information. The collection of such information is subject to the
                third parties’ privacy policies, not QCE’s privacy policy.

                7. Modifications to Terms
                QCE reserves the right at any time to modify this Agreement and to impose new or
                additional terms or conditions in connection with your use of any Updates to the
                Software. In order to use such Updates, You must accept and agree to any new or
                modified Agreement presented to you. If you accept such new or modified Agreement,
                the new or modified Agreement will apply to Your continued use of the Update and any
                prior version of the Software You elect to use. If You do not agree to new or modified
                Terms, You must not install the applicable Update or else stop using the Software.

                8. Feedback.
                QCE may from time to time receive suggestions, feedback or other information from
                You concerning the Software (“Feedback”). Any Feedback received from You is and
                shall be entirely voluntary on Your part. QCE shall be free to use Feedback received
                from You without obligation of any kind to You. You grant QCE and its affiliates an
                irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to
                use, modify, publish, distribute, create derivative works of and sublicense any such
                Feedback.


                                          QUALCOMM TOQ END USER LICENSE AGREEMENT                       15




zola-safety-and-warranty-information-082213.indd 15                                                  8/29/13 7:25 PM


             9. Intellectual Property
             All right, title and interest, including copyrights, trademarks, trade names, service
             marks, trade secrets and other intellectual property rights, and any goodwill associated
             therewith, in and to the Software, including computer code, graphic design, lay-out and
             the user interfaces of the Software, are owned by, or licensed to QCE or its affiliates.
             You may not use the Software for any purpose or in any manner that violates this
             Agreement or that infringes the rights of QCE or any other party. Any and all rights to
             the Software not expressly granted to You in this Agreement are hereby reserved by
             QCE, its affiliates and/or its licensors.
             Qualcomm Toq and the Qualcomm Toq logo are trademarks of Qualcomm Incor-
             porated. QCE grants You no right or license with respect to any of the foregoing
             trademarks, service marks, graphics or logos.
             You acknowledge and agree that nothing in this Agreement shall convey, assign or
             otherwise transfer to You or any third party any title or ownership rights in or to any
             of the Software or any intellectual property rights of QCE. Except for the express
             copyright license granted to You in Section 1 (License Grant), no other rights under
             any intellectual property are granted by QCE under or as a result of this Agreement
             (whether expressly, impliedly, by virtue of estoppel or exhaustion, or otherwise). You
             acknowledge and agree that neither the provision of Software nor any provision of this
             Agreement will be deemed or construed to grant (whether expressly, by implication or
             by way of estoppel or otherwise) any right, license, authority to infringe, or immunity
             from infringement liability under or to: (i) any patents of Qualcomm Incorporated or
             any of its affiliates, (ii) any other intellectual property rights of Qualcomm Incorporated
             or any of its affiliates (other than QCE), or (iii) any intellectual property rights of QCE
             covering or relating to any technology (including, without limitation, any product or
             invention) not embodied solely in the Software. You acknowledge and agree that (a)
             this Agreement does not modify or abrogate any obligations that You may have under
             any license or other agreement with Qualcomm Incorporated, including, without limita-
             tion, any obligation to pay any royalties, and (b) You will not contend that You have
             obtained any right, license, authority to infringe, or immunity from infringement liability
             with respect to any patents of Qualcomm Incorporated or any of its affiliates under
             or as a result of this Agreement (whether expressly, impliedly, by virtue of estoppel or
             exhaustion, or otherwise).
             10. Disclaimer of Warranties
             QCE and its affiliates, licensors and service providers shall be collectively referred to as
             QCE in this section.
             YOU AGREE THAT YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK.
             TO THE FULLEST EXTENT PERMITTED BY LAW, QCE EXPRESSLY DISCLAIMS ALL
             WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO
             THE USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT
             ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELI-
             ABILITY OR FUNCTIONALITY. QCE DISCLAIMS ALL EXPRESS AND IMPLIED WAR-
             RANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
             PARTICULAR PURPOSE AND AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS.
             QCE does not warrant or guarantee that the use of the Software will not cause any
             damage to Your device or to any other software provided to Your device or applica-
             tions and content that reside on Your device. QCE does not warrant or guarantee that
             the Software will operate in an uninterrupted, timely, secure, or error-free manner. QCE

             16     QUALCOMM TOQ END USER LICENSE AGREEMENT




zola-safety-and-warranty-information-082213.indd 16                                                     8/29/13 7:25 PM


                further does not warrant, guarantee or make any representations that the Software will
                be suitable for Your needs.
                11. Limitation of Liability
                QCE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
                SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUB-
                SIDIARIES, LICENSORS AND OTHER AFFILIATES AND SERVICE PROVIDERS (THE
                “QCE PARTIES”) WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY
                APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
                DAMAGE, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFIT, LOSS OF
                DATA AND WORK STOPPAGE), COSTS, EXPENSES OR PAYMENTS, REGARDLESS OF
                THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT
                OR OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, INTELLECTUAL
                PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT
                MAY RESULT FROM, OR IN CONNECTION WITH, THE USE OR THE INABILITY TO
                USE THE SOFTWARE, REGARDLESS OF WHETHER QCE HAS BEEN ADVISED OF
                THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, “EXCLUDED CLAIMS”).
                IF YOU ARE DISSATISFIED WITH THE SOFTWARE, YOUR SOLE AND EXCLUSIVE
                REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE. SHOULD THE FOREGOING
                LIMITATION OF LIABILITY BE DEEMED UNENFORCEABLE FOR ANY REASON, THEN
                IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE QCE PARTIES
                REGARDING ANY AND ALL EXCLUDED CLAIMS EXCEED FIFTY U.S. DOLLARS
                (US$50).
                BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE
                WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUS-
                PECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFITS OF SECTION 1542
                OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES THAT “A GENERAL RE-
                LEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
                OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
                WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
                WITH THE DEBTOR,” AS WELL AS ANY SIMILAR APPLICABLE LAW.
                SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCI-
                DENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS
                AND EXCLUSIONS MAY NOT APPLY TO THE EXTENT ANY SUCH JURISDICTION’S
                LAW IS APPLICABLE TO THESE TERMS OF SERVICE, IN WHICH CASE THE QCE
                PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
                BY LAW.
                12. Indemnification
                You hereby agree to defend, indemnify and hold the QCE Parties and anyone acting on
                their behalf, harmless from and against any claim, action, or demand asserted by any
                third party and arising from, or otherwise related to, Your use of the Software, or Your
                breach of this Agreement. In such cases, You will reimburse QCE for any expenses,
                including court fees, attorney fees and the damages (actual and consequential), which
                QCE might incur.
                13. Term and Termination
                This Agreement shall be effective upon acceptance by You and shall continue until ter-
                minated. You may terminate the Agreement at any time by deleting and destroying all
                copies of the Software and all related information in Your possession or control. This

                                          QUALCOMM TOQ END USER LICENSE AGREEMENT                    17




zola-safety-and-warranty-information-082213.indd 17                                               8/29/13 7:25 PM


             Agreement terminates immediately and automatically, with or without notice, if You fail
             to comply with any provision hereof. QCE may at any time and for any reason, limit,
             modify or terminate support of the Software. Upon termination of this Agreement,
             You must delete or destroy all copies of the Software and any related documentation
             in Your possession and the license granted to You in this Agreement shall terminate.
             With the sole exception of Section 1 (License Grant), all Sections of this Agreement
             shall survive the termination of this Agreement. In the event that any restrictions,
             conditions, limitations or exclusions that are set forth in this Agreement are found
             to be either invalid or unenforceable, the rights granted in Section 1 (License Grant)
             shall be null, void and ineffective from the date You accept this Agreement, and QCE
             shall also have the right to terminate this Agreement immediately, and with retroactive
             effect to such date.
             14. Compliance with Laws
             You agree to use the Software in compliance with all applicable laws, including local
             laws of the country or region in which You reside or in which You download or use the
             Software. Furthermore, by downloading and using the Software, You agree that You
             are solely responsible for complying with all United States export control regulations,
             including the Export Administration Regulations (“EAR”), and sanctions programs,
             including those administered by the United States Treasury Department’s Office of
             Foreign Assets Controls (“OFAC”), and all other applicable international trade regula-
             tions. You agree that You will not download or use such software without all required
             approvals in any proscribed destination (including without limitation Cuba, Iran, Libya,
             North Korea, North Sudan, and Syria), on behalf of any proscribed entity or person, for
             any proscribed end use, or in any other manner contrary to these export regulations
             and sanctions programs. By downloading or using such software, You represent,
             warrant and certify that You are not a proscribed end-user or utilizing this software for
             a proscribed end use under these regulations. This assurance shall survive the expira-
             tion or termination of this Agreement.
             15. Government End Users
             If You are acting on behalf of an agency or instrumentality of the U. S. government,
             the Software and any related documentation, as applicable, are “commercial computer
             software” and “commercial computer software documentation” developed exclusively
             at private expense by QCE. Pursuant to FAR 12.212 or DFARS 227 7202 and their suc-
             cessors, as applicable, use, reproduction and disclosure of the Software is governed by
             the terms of this Agreement.
             16. No Waiver
             The failure of either party to enforce any rights granted hereunder or to take action
             against the other party in the event of any breach hereunder will not be deemed a
             waiver by that party as to subsequent enforcement of rights or subsequent actions in
             the event of future breaches.
             17. Governing Law, Jurisdiction
             This Agreement is governed and interpreted in accordance with the laws of the State
             of California without giving effect to its conflict of laws provisions. The United Nations
             Convention on Contracts for the International Sale of Goods is expressly disclaimed
             and shall not apply. Any claim arising out of or related to this Agreement must be
             brought exclusively in a federal or state court located in San Diego County, California
             and You consent to the jurisdiction and venue of such courts.

             18     QUALCOMM TOQ END USER LICENSE AGREEMENT




zola-safety-and-warranty-information-082213.indd 18                                                   8/29/13 7:25 PM


                18. Notices and Authorization to Contact You By Phone
                In connection with providing the Software, QCE, its affiliates, agents and independent
                contractors may need to provide You with certain information and notices related to
                the Software. You authorize QCE, its affiliates, agents and independent contractors to
                provide such notices by contacting You at any telephone number you provide to QCE
                or from which you place a call to QCE, or any telephone number where QCE believes
                it may reach You using any means of communication, including, but not limited to,
                calls or text messages to mobile, cellular, wireless or similar devices and calls or text
                messages using an automated telephone dialing system and/or artificial voices or
                prerecorded messages, even if You incur charges for receiving such communications.
                If You do not wish to receive these communications or pay such charges then, You
                should notify us as described in our Privacy Policy located at
                www.toq.qualcomm.com/privacy.
                19. Interpretation
                The paragraph headings herein are solely for the sake of convenience and will not be
                applied in the interpretation hereof.
                20. Severability
                If any provision of this Agreement is held by a court of competent jurisdiction to be
                illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of
                this Agreement will remain in full force and effect.
                21. Assignment
                You are not permitted to assign this Agreement nor transfer any of Your rights or
                obligations under this Agreement to any third party. Any attempt to sublicense, assign
                or transfer any of Your rights, duties or obligations hereunder is void. QCE may freely
                assign this Agreement without notice or consent.
                22. Entire Agreement
                This Agreement constitutes the entire agreement between the parties concerning the
                subject matter hereof and supersedes any proposals or prior agreement, oral or writ-
                ten, and any other communications relating to the subject matter of this Agreement.
                Any translation of this Agreement is done for local requirements and in the event of
                a dispute between the English and any non-English version, the English version of
                this Agreement shall control. No course of dealing or usage of trade may be used to
                modify this Agreement.


                v 08/16/13




zola-safety-and-warranty-information-082213.indd 19                                                   8/29/13 7:25 PM


             © 2013 Qualcomm Connected Experiences, Inc. All rights reserved. Qualcomm is a trade-
             mark of Qualcomm Incorporated, registered in the United States and in other countries.
             Toq is a trademark of Qualcomm Incorporated. All Qualcomm Incorporated trademarks are
             used with permission. Other product and brand names may be trademarks or registered
             trademarks of their respective owners.

             Qualcomm Toq smartwatch is a product of Qualcomm Connected Experiences, Inc.

             Toq.Qualcomm.com


             80-HK072-2, 10/2013




zola-safety-and-warranty-information-082213.indd 20                                           8/29/13 7:25 PM



Document Created: 2014-01-14 14:16:22
Document Modified: 2014-01-14 14:16:22

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