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INSTRUCTION

MANUAL
Version 21-01 (iOS)
Table of Contents DATA PROCESSING UNIT (TABLET) .................................. 6

IMPACT HAMMER ................................................................ 6

1. IMPORTANT INFORMATION ...................................................... 1 3.3.1. Changing the Nylon Tips ................................................. 7

Safety Symbols ...................................................................... 1 4. Operation ..................................................................................... 8

Risks and Hazards................................................................. 1 Surface Preparation ............................................................... 8

Device Handling..................................................................... 1 Placement of iPile Sensor ...................................................... 8

Operating Conditions ............................................................. 1 Using iPile App ...................................................................... 8

Device Cleaning and Storage ................................................ 2 4.3.1. Launch the iPile App ....................................................... 9

Storage Environment ............................................................. 2 Home Screen ........................................................................ 9

2. Introduction .................................................................................. 3 Projects Tab ........................................................................ 10

Concept ................................................................................. 3 4.5.1. Add Project ................................................................... 11

Applications ........................................................................... 3 4.5.2. Add Pile ........................................................................ 11

Limitations of Use .................................................................. 4 4.5.3. Connecting to iPile Sensor ............................................ 12

3. Hardware Overview ...................................................................... 5 4.5.4. Collecting Data .............................................................. 13

iPile Wireless Sensor ............................................................. 5 Data Analysis ...................................................................... 14

3.1.1. Components and Connectors....................................... 5 4.6.1. Analyze Tab .................................................................. 14

3.1.2. Turn On / OFF ................................................................ 5 4.6.2. Analysis ........................................................................ 15

3.1.3. LED Indicator .................................................................. 6 4.6.3. Reporting ...................................................................... 18

3.1.4. Charging ......................................................................... 6 4.6.4. Importing Projects ......................................................... 20


4.6.5. Interpretation of Test Results ......................................... 22 Data Recording (Tablet) ...................................................... 25

General settings Tab ........................................................... 22 Impact hammer.................................................................... 25

4.7.1. Analysis Mode ............................................................... 22 Parts and Part numbers ....................................................... 25

4.7.2. System of Units ............................................................. 23 7. Contact Information .................................................................... 51

4.7.3. Wave Speed.................................................................. 23 Head Office ................................................................................ 51

4.7.4. Language Option ........................................................... 23 Technical Support: ..................................................................... 51

4.7.5. Report Header Information ............................................ 23 Terms and Conditions

User manual tab .................................................................. 23 FPRIMEC SOLUTIONS INC. SOFTWARE LICENSE AND SUPPORT
AGREEMENT
Tutorial tab........................................................................... 23

about tab ........................................................................... 23

4.10.1. App Version................................................................. 23

4.10.2. Legal Information......................................................... 23

4.10.3. Technical Support ....................................................... 23

5. Maintenance .............................................................................. 24

Service ................................................................................ 24

Replacements...................................................................... 24

6. Specifications and parts ............................................................. 24

6.1.1. GENERAL ..................................................................... 24

iPile Sensor ......................................................................... 24


LIMITED WARRANTY FPrimeC reserves the right to modify this warranty at any time, at its
sole discretion, and with notice to the customer.
FPrimeC Solutions Inc., (hereinafter “FPrimeC”), warrants the product
against defects in materials and workmanship under normal use (the FPrimeC does not warrant that the operation of the product will be
“warranty”) for a period of 12 months from the shipping date (the uninterrupted or error-free. FPrimeC is not responsible for damage
“warranty period”), on the condition that the product has been arising from failure to follow instructions relating to the product’s use.
completely paid for.
This warranty is voided immediately if repair, modification (to include
Unless as otherwise mandated by local law, the warranty period does upgrades, expansions or usage or addition of non-manufacturer parts
not restart if the customer receives a replacement appliance and/or or accessories), alteration or other service is attempted other than by
replacement software. FPrimeC, unless expressly authorized by FPrimeC in writing. In this
regard, the appliance casing’s integrity (aka the box) should not be
This warranty does not apply:(a) to consumable parts, such as violated for any reason, unless expressly authorized by FPrimeC in
batteries and cables unless damage has occurred due to a defect in writing.
materials or workmanship; (b) to cosmetic damage, including but not
limited to scratches, dents and broken plastic on ports; (c) to damage Please refer to the complete Terms and Conditions of Sales for
caused by accident, abuse, misuse, neglect or failure to properly FPrimeC’s products for more details.
maintain (to include but not limited to water damage and/or
condensation or improper temperatures during storage), or improper
installation; (d) to damage caused by electrical disturbances or acts of
god, to include but not limited to civil disturbance, war, flood, fire,
rodents or insects; (e) where manufacturer’s serial numbers and
security labels have been removed from the product; and (f) to
damage caused during shipment from the customer to FPrimeC in the
case of product returns for repair.

FPrimeC disclaims all other warranties, express or implied, including


without limitation implied warranties of merchantability, fitness for a
particular purpose, or against hidden or latent defects. FPrimeC’s
responsibility for warranty claims is limited to repair or replacement.

© 2021 FPrimeC Solutions Inc. | Page 1


1. IMPORTANT INFORMATION DEVICE HANDLING

This manual provides information for the FPrimeC Solutions iPile • iPile contains precision acceleration sensor and sensitive
instrument. The user guide has been designed considering that users electronic components. Please handle them with care.
already know basic pile integrity testing. It is important to know that • iPile tablet is protected by a heavy-duty protection case. This is
the results produced by this test is dependent on the competence of to protect the tablet in the case of sudden drops. The case does
the personnel performing it. Only engineers with specialized not provide waterproofing.
experience in this field are to make final integrity evaluation. The user • Do not place any heavy objects on the iPile sensor or the tablet.
guide contains procedure on how to use the FPrimeC’s iPile and how • Avoid severe impact or rough handling that leads to damaging
to care for it. It explains the functionalities and parameters available iPile or the tablet.
according to the type of inspection to be made. • Do not disassemble iPile. Disassembling iPile sensor and/or the
tablet will void the warranty.
SAFE WORK AND USE OF THE INSTRUMENT • Store the product in a protected location (e.g. carrying case)
Please read and understand all the instructions in this document for where no one can step on or trip over the connection and USB-
safe and reliable data collection in the field and increase the service charging cables, and in a location where these cables cannot be
life of the instrument. damaged.

RISKS AND HAZARDS OPERATING CONDITIONS

The iPile contains a precision accelerometer allowing optimum testing If the equipment is used in a manner not specified by the
results to be obtained. Sudden drops, hard impacts, and improper use manufacturer, the protection provided by the equipment may be
may cause instrument malfunctioning. This user guide provides impaired:
instruction in the basic operation of the instrument. In addition to the • Do not operate under water.
methods included, many other factors can affect the use of this • Operating temperature: 0°C to 45°C (32°F to 113°F)
product. Specific information regarding these factors is beyond the • Maximum relative humidity: 90% non-condensing
scope of this manual. The user should refer to appropriate textbooks
• Power Input: USB only.
on the subject of pile integrity testing and dynamic measurements.
• Only use the provided USB charging cable for iPile, and the
provided power adapter for the tablet.

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• Do not place the instrument in a place where there is a chance
of spilling liquids on the device.

DEVICE CLEANING AND STORAGE

• Do not use chemicals or cleaners containing harsh products. Use


a moist and smooth fabric for cleaning.
• NEVER submerge the iPile sensor or the operating tablet.

STORAGE ENVIRONMENT

• Location: Indoor – Avoid storing in direct sunlight.


• Temperature: -5°C to 40°C (-13°F to 140°F)

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2. INTRODUCTION

Pile integrity test (PIT), or as the ASTM D 5882 refers to it as low strain
impact integrity test, is a non-destructive test method for evaluating
pile integrity and length of deep foundations. The test provides a
qualitative base evaluating the physical dimensions, continuity of a
pile, and consistency of pile material. The test is applicable to long
structural elements such as driven piles, augured pile, or drilled shafts,
regardless of their installation method. Pile integrity test can be either
used for forensic evaluations on existing piles, or for quality control
and integrity assessment of the new construction.
Intact Pile Necking Major Defect Bulging
THE CONCEPT

Pile integrity test involves measuring and analyzing the velocity and APPLICATIONS
force (optional) response of pile induced by a hand-held hammer. The
Pile Integrity Test can be used in either field or laboratory applications
impact is applied axially and perpendicular to the pile head surface. A
to measure the integrity of slender components (e.g. driven concrete
precision acceleration or motion sensor is firmly placed on the pile
piles, cast-in place concrete piles, concrete filled steel pipe piles,
head surface to record the reflections from the pile toe or any major
timber piles, structural columns, etc.). This technique can be utilized
defect along the pile length. Reflections are studied to evaluate the
for various applications such as:
integrity of piles. The following figure shows the concept of pile
integrity test. • Evaluate the unknown length of piles, or elements
• Evaluate the pile cross-sectional area and length
For an intact pile with consistent pile material, uniform cross-sectional
area, and no major defects along the length, the main reflection is • Determining the integrity and continuity of piles
anticipated from the pile toe. If there are any major defects along the • Evaluate the consistency of pile material
pile length, the reflections from these defects can be detected in the Note: Pile Integrity Test does not provide information regarding the
reflectograms. pile bearing capacity.

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LIMITATIONS OF USE

Certain limitations are inherent in low strain impact integrity testing.


These limitations must be understood and taken into account when
determining the integrity of piles:

• Pile Integrity Test does not provide any information on the load-
bearing capacity of piles and deep foundations.
• Pile Integrity Testing cannot be conducted over pile caps.
• Pile Integrity testing of cross sections below a major crack (that
crosses the entire cross-sectional area) is impossible.
• This test is not effective in piles with highly variable cross
sections
• It is not effective in evaluating sections of piles below cracks that
cross the pile’s entire cross-sectional area.
• Pile integrity is generally not suitable for testing steel sheets, H-
section, or unfilled pipe piles.
• When the toe reflection is not evident, integrity evaluation may
not be conclusive.
• It is difficult to distinguish the soil response and the pile toe’s
response in some cases.
• The test may not identify all imperfections but generally can
identify major defects within the effective length.

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3. HARDWARE OVERVIEW 3.1.1. Components and Connectors
iPile provides an industrial-standard quality built wireless device for The following images show the components and connectors on the
low strain integrity testing of deep foundations and piles. iPile complies iPile sensor:
with the requirements of the ASTM D 5882. The test results obtained
by the iPile can be used to estimate the unknown length of piles, and Sensor tip
Power key
expose potentially dangerous defects such as major cracks, necking,
soil inclusions or voids and is capable of determining unknown lengths
of piles. iPile has three main components: LED

• iPile Wireless Sensor


• Data Recording Unit USB
• Impact Tool con
(a) Top View (b) bottom view
A rubber hammer is used to impact the pile head surface and inducing
stress wave in a pile. iPile wireless sensor is used to collect and record Attention
the velocity response over the pile head. A rugged tablet with a
powerful iOS application is used for analyzing the reflections and Always protect iPile from sudden drops or hard impacts. Such
reporting. Record test results, prepare reports and share test results incidents can damage or harm, partially or in full, the electronic
with your colleagues directly from the field (Wi-Fi connectivity components.
required).
3.1.2. Turn On / OFF
iPile WIRELESS SENSOR
Press the main power key of the iPile turn on the
iPile wireless sensor contains precision device. Wait for the LED indicator to turn on. If the
acceleration sensor, analog to digital convertor, sensor’s battery is fully charged, the LED will turn
signal processing unit, and wireless antenna Green; otherwise, it will turn into Red
(BLE 4) for data transmission. iPile has a
Press the main power key to turn off the iPile sensor.
rechargeable Li-ion battery, and can be charged
through micro-USB charging cable, connected to
a USB power outlet.
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signals (reflectograms), filters and functions for toe amplification,
Attention
smoothing, High Pass filter, and Low Pass filter.
Before starting a test, please ensure that the iPile device and your
data recording unit are fully charged.

3.1.3. LED Indicator

The color and mode of LED indicator represent the different status of
the device and the battery level. The following table summarizes four
different states of the LED indicator:

Mode
Color Steady Blink

Red Battery Level: Low N/A

Green Battery Level: Full Data Transmission

3.1.4. Charging At any time, the user can easily download and update the application
to the latest version through Google Play Store.
The iPile sensor benefits from rechargeable Li-ion battery. The
charging cable has two different USB connector ends. The larger end
should be connected to the power adaptor. The micro-USB end should IMPACT HAMMER
be inserted into the female connector on the sensor. Make sure that A rubber impact hammer is used to make an impact at the tip of the
the sensor is ON during the charging period. pile or foundation. The hammer tip can be exchanged.

DATA PROCESSING UNIT (TABLET)

A rugged iPad which is used for receiving and processing test data.
The iPile mobile app enables on-site visualization of the reflected

(a) Hammer (b) Hammer Tips


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3.3.1. Changing the Nylon Tips

Hammer tips are subject to wear and tear. To change the tips, firmly
hold the hammer handle, and rotate (counter-clockwise) the tip that
needs to be changed. Place the screw underneath the new tip on
hammer’s screw hole, and rotate (clockwise) to place the new tip.

(a) Open the hammer tip (b) Place the new hammer
tip

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4. OPERATION The low strain impact should be applied to the pile head within a
distance of 300 mm from the iPile sensor. Make sure that the impact
SURFACE PREPARATION is applied axially.
300 mm
A firm connection between the sensor’s tip and
concrete surface (pile tip) is needed to successfully
apply the test method. The test surface should be
prepared before performing any measurements.
The pile surface should be accessible and above
water. All loose concrete, soil or other foreign
materials resulting from construction should be
removed from pile surface. If there is any type of
contamination on the surface, it should be removed
(using a grinder) to reach solid and sound concrete surfaces. (a) avoid placing the iPile sensor (b) impact within 300 mm
close to edges. from the iPile sensor
PLACEMENT OF iPile SENSOR Bonding material

The iPile sensor should be placed at or near the USING iPile APP
pile head using a suitable, or temporary, thin layer Data recording, analysis, and reporting controlled through a mobile
of bonding material (that is, wax, vaseline, putty tablet with an iOS application (iPile app). The motion (acceleration)
etc.) so that it is assured that it correctly measures information is recorded and transmitted from the iPile sensor to the
the axial pile motion (transducer axis of sensitivity Tablet, using Bluetooth Low Energy (BLE) connectivity.
aligned with the pile axis).
iPile app offers an innovative and user-friendly method for receiving
Place the iPile sensor near the center of the pile. If motion information, data visualization, and management.
the diameter of the pile is larger than 500 mm, additional locations Furthermore, the iPile is capable of generating reports for each pile.
should be considered to obtain useful integrity information.

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4.3.1. Launch the iPile App HOME SCREEN
Press and hold the power button to Turn ON the tablet. Wait for the The Home Screen is used to navigate through major sections of the
system to load. When the system is loaded, you will find the iPile app application. Home Screen has 5 main tabs:
icon on the home screen. Click on this icon to launch the app.
• Projects
• General Settings
• User Manual
• Tutorial
• About

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PROJECTS TAB 2- Piles Section

Project Tab is the main area for managing new and existing projects. The right section of the screen is dedicated to pile management. In
Use Projects Tab to create a New Project, or Access to an existing this area, you will see existing piles in each project. Moreover, you will
project, and perform analysis and reporting. The “Projects” has two be able to create and add a New Pile to an existing project.
main sections:
1- Projects Section

The left section of the screen is dedicated to project management. In


this area, you will see existing projects in the database. Moreover, you
will be able to create a New Project by tapping “Add Project” button.

Note: If there are no projects in the database, the user should create
a project by tapping “Add Project” on the screen’s lower left side. After
creating a Project, the user should add a new pile by tapping on “Add
Pile” button.

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4.5.1. Add Project 4.5.2. Add Pile

Tap on “Add Project” to create a new project. Follow the instruction on After you create a project, the project name will be added to the list of
the popup screen. It is strongly recommended that the user assigns a projects in the left section. To add a new pile to this project, first, tap
distinct name for their projects (i.e., “One Bloor W. Project”). Enter on the name of the project on the left section, and then tap on the “Add
“Site Location” and add a description to the project. You can select the Pile” button at the bottom of the screen.
date of the project by tapping on the Calendar icon.
Pile ID: Assign a relevant pile ID, as well as pile description. If you are
working on a new construction, consult design documents and
drawings to find the proper pile ID. In this way, you will make sure you
can trace the pile easier for future discussions with the client.

Pile Length:

If you know the pile length, enter it in the pile length area. If you do not
know the pile length, use a large number (i.e. 50), and adjust it based
on the test results. You can also take a picture of the pile and add it to
the project directory.

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Note: Please pay attention to the system of units when entering pile
dimensions.
Make sure your iPile sensor is switched “ON” and it is fully charged
(The LED will be green for a fully charged battery). From the popup
4.5.3. Connecting to iPile Sensor menu, select iPile and tap on “Done” to connect the sensor to the
To start collecting data, tap on the “Pile Name”. This will open data tablet. When the sensor is connected to the iPad, the status of the
recording console. From the lower menu, click on “Connect” to connection will be displayed in the lower right corner of the screen.
connect your iPad to iPile sensor.

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4.5.4. Collecting Data

When iPile is connected to the iPad, you can start collecting data by
striking the pile head using the handheld hammer. iPile has an auto-
trigger and detects when there is a change in the amplitude of the
arriving signal.

The user can continously strike the pile head with the hammer, and
the data will be displayed on the screen. If the waiting time between
strikes is more than 10 seconds, the sensor goes into idle mode to
preserve battery. Once you are ready to continue the test, tap on
“Refresh” to activate the sensor.

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Once the test is finished, review the collected records. If you are DATA ANALYSIS
satisfied with the collected data, you can use close the test window by
tapping on the “Projects” on the app screen’s upper left corner. 4.6.1. Analyze Tab

To perform analysis on the data collected on a specific pile, tap on the


project name on the left side of the screen, and then select the pile ID
from the right section.

Using your finger, swipe the project line from the right side of the
selected row to the left. This will open up the Analysis and Reporting
tabs on the screen.

To delete certain records from this data set, simply tap on the “Delete”
icon on the right side of the record chart to delete.

Note: The deleting process is irreversible. Should you delete these


records, they will be permanently deleted from the database.

Tap on “Analyze” tab to open the analysis page.

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4.6.2. Analysis

Analysis page has 3 major components:

1. Average Reflectogram
2. Amplification Function
3. Control Panel

For each pile, the user will see 4 options on the right side of the ribbon:
2
• Analyze
• Report
• Share
3
• Delete

To perform analysis on the test measurements, tap on “Analyze” and


Average Reflectogram
navigate to Analysis page.
The top section of the Data analysis page (section 1) displays the
Note: Report and Share options will be active after performing
average measurement. The echoes recorded in the pile measurement
analysis.
page will be used to calculate the average reflection curve.

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Horizontal Axis displays the depth of the pile. Depending on the pile Control Panel
length selected by the user, the chart area will be adjusted to show
The user can apply necessary mathematical functions from the
optimize the collected measurements. The depth associated with each
Control Panel to help identify the pile toe or any other anomalies within
measurement point is directly calculated by converting the time stamp
the pile.
to depth value through equation 1:
1 Low Pass Filter is used to reduce the effect of high-frequency
Eq. 1 𝐷 = 𝑐. 𝑡 reflections caused by shear wave influence at the top of the pile and
2
steel reinforcement inside the pile.
where D is depth, c is the wave speed in pile material and t is the time
stamp derived from the sampling rate of the sensor. The reference
point (Depth=0) is adjusted to make it easier for the user to analyze
and interpret the test results.

Vertical Axis is the normalized amplitude of the signal. The absolute


value of this axis does not make any difference in the test results. It is
automatically adjusted to help engineers in finding the pile toe, or other
anomalies.

Amplification Function Chart

Depending on the test results, the user might need to apply


amplification function to the measurements. An exponential
amplification function is applied to the measurements. The start point
is Depth 0, and the end point is the pile depth specified by the user.

The amplification function can be increased or decreased from the


Amplification factor in section 3 (control panel).
Adjust the low-pass filter by moving the toggle left and right. The
minimum cut-off value is 100 Hz and the maximum cut-off value is
5000 Hz.

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High Pass Filter can be used to minimize the contribution of low
frequency components that might happen due to soil resistance.

Note: This is an advanced feature. Please make sure to use this filter
carefully. Excessive use of the High Pass filter might distort the
records.

Amplification Delay defines the starting point for the exponential


amplification function. Amplification Delay can be adjusted to avoid the
pile section above the grade. In the app, the amplification function can
be entered as a percentage of total pile length. As soon as the user
starts applying the amplification function, the shape of the exponential
function will be displayed in section 2 of the display.

Note that an excessive amplification delay will result in losing key


features of the record.

Wave Speed can be adjusted based on the type and condition of pile
material. Several researchers and engineers have developed
correlation tables between the quality of material, and the
compression wave speed in the material. Table 1 shows one example
of such tables for concrete materials with different quality. Table 1 - Correlation between the quality of concrete & wave speed
Quality of concrete Wave Speed (m/s)
Save Button can be used to save the analysis and make them
Excellent greater than 4,500
available for reporting and sharing.
Good 3,500 – 4,500
Reset Button can be used to reset the analysis to the original data Mediocre/Fair 3,000 – 3,500
set collected by the sensor. Poor 2,000 – 3,000
Very poor less than 2,000

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4.6.3. Reporting The user can select to export this PDF file by tapping on the export
icon on the top-right of the screen.
Two types of reporting are available through the app:

• Pile level report


• Project level report

Pile Level reporting can be used to create a report for each pile. To
do so, swipe from right to left on the specific row, and open the options.
Click on “Report” to generate pile level report.

Project Level reporting can be performed when the analysis on all the
piles in the project are done. From the “Projects” section, swipe on the
specific project row (right to left) to open the options.

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Pile Level export can be used to export the results for each pile. To
do so, swipe from right to left on the specific row, and open the options.
Click on “Export”. If you want to create a CSV file from the raw test
results for further processing, select CSV. If you want to export the file
in iPile Native format, you can open it on other Apple iPads and then
select an iPile format.

Click on “PDF” to create a PDF report file directly from the app.

Note: Only piles that are already analyzed will appear on the project
level reporting and Exporting Projects.

Two types of Exporting are available through the app:

• Pile level export


• Project level export
Project Level export can be used to export the results for each
Exporting can be done in two formats: project. In this method, the results from the complete list of piles in this
• CSV specific project will be exported.
• iPile Native Format To do so, swipe from right to left on the specific row, and open the
options. Click on “Export”. If you want to create a CSV file from the
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raw test results for further processing, select CSV. If you want to
export the file in iPile Native format, so you can open it on other Apple
iPads, then select iPile format.

• Click on iPile file attached.

4.6.4. Importing Projects

If you want to import an external project in the iPile-iOS ecosystem,


consider following these steps.

• The iPile (Native Format) should be emailed to an active email


• Click on Sharing icon on right side of the screen.
account on your iPad. Open your email that contains the Project
• Select Copy to iPile from the list shown in the Popup screen.
files.

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• Once the Import process has successfully finished, the projects
(including the piles in that folder) will be added to the database.
You can now see the imported project in the project list.

• Wait for the Import Process to finish. This might take a few
seconds, depending on the size of the project.

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4.6.5. Interpretation of Test Results GENERAL SETTINGS TAB

The following table schematically shows how different pile profiles will General settings tab can be used to adjust the global settings of the
affect the reflectograms for each pile. app.

Pile Profile Description Reflection

Straight pile, free end, length


as expected
Straight pile, fixed end, length
as expected
Straight pile, free end, shorter
than expected

Increased impedance

Decreased impedance

Locally increased impedance

Locally decreased impedance

Slender pile (High H/L), no toe


reflection

Multiple reflections from Toe

Irregular profile

4.7.1. Analysis Mode

The user can choose to see and analyze test results in Velocity Mode
and Acceleration Mode.

Acceleration Mode: The original data collected from the iPile sensor
is the acceleration mode; acceleration data are digitized and stored in
the tablet.
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Velocity Mode: Acceleration data are integrated to calculate the TUTORIAL TAB
velocity of the arriving echoes. Velocity mode provides an easier
Use this tab to access tutorial videos directly from your app. You will
means of displaying test results, and can help engineers and
need wifi connectivity for your tablet and connection to a stable wifi.
inspectors identify the pile toe refection.
Refer to your iPad’s setting (not in iPile app) to set up the wifi for your
tablet.
4.7.2. System of Units

The user can select to see measurements, analysis and reports in ABOUT TAB
metric units or imperial units.
The user can find contact information about FPrimeC Solutions and
its global sales and support partners through About tab.
4.7.3. Wave Speed

The user can use a global value for wave speed to avoid changing it 4.10.1. App Version
for every single pile. However, the user will have the option to adjust
Before contacting FPrimeC, make sure to have the version of the app
the wave speed for each pile from the analysis page as well.
on your device ready. You can find version information from the lower
left corner of the screen.
4.7.4. Language Option

iPile app is offered in two languages: English and Spanish. You can 4.10.2. Legal Information
select the preferred language from the menu.
You can find a copy of legal information regarding the use of
FPrimeC’s products through the links available in About Tab.
4.7.5. Report Header Information

Enter the default header in this section. This header will appear in the 4.10.3. Technical Support
generated report files.
If you need technical support, or require technical assistance, you can
directly contact us from the About Tab by clicking on the “Mail” button.
USER MANUAL TAB
Please make sure to have an email account set up on your iPad device
Use this tab to access the PDF version of the user manual. before using this feature.

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Alternatively, contact our technical support team through the email, 6. SPECIFICATIONS AND PARTS
and phone numbers provided.
6.1.1. GENERAL

Product Name: iPile™


5. MAINTENANCE
Type: Pile Integrity Tester
Repairs and servicing are not covered in this user manual and should Model: Wireless Touchscreen – FPC_iPile_2.0
only be performed by qualified personnel. Manufacturer: FPrimeC Solutions Inc.

Periodically wipe the device with a damp cloth. Do not use abrasives
or solvents.
iPile SENSOR
Acceleration Range ±50 g
SERVICE
Frequency Range (±3db): 0.5 – 15000 Hz
If the iPile device does not turn on, check the LED on the device for Resonant Frequency > 31 kHz
the battery status and charge the device if required. If iPile still does
Sampling Frequency 40 kHz
not work properly; review this user manual to ensure that you are
Sampling Resolution > 12 bit
operating it correctly. If iPile malfunctions, call our technical support
number provided on the back of this manual. After consulting with our Low cut-off frequency 5000 Hz (-3db)

technical support department, the instructions for packaging and Temperature Range-Storage -20 to 65 ºC
returning the device will be provided if a return is required. Connectivity BLE 4.0
Frequency BLE 2,400 MHz
REPLACEMENTS Bluetooth Antenna Max < 13 dB

For FPrimeC iPile, use only the replacement part specified. The USB Internal Battery Life Time +10 hours
cable is intended to be used only by the iPile device and connecting it iPile Sensor Dimensions 52 mm (D) x 108 mm (H)
to other instruments might damage the cable. Please contact FPrimeC iPile Sensor Weight (±3db): 0.5 – 15000 Hz
Solutions Inc. for further assistance.

© 2021 FPrimeC Solutions Inc. | Page 24


DATA RECORDING (TABLET) PARTS AND PART NUMBERS
Part # Description Photo (not to scale)
P9000-01 iPile Sensor
Tablet Dimensions (rugged) 260 mm x 190 mm x 13 mm
Tablet Type and Make Apple iPad
P9000-02 Hammer (Handle)
Tablet Weight (rugged) 525 gr
A10 Fusion chip with 64-bit
Processor P9000-03 Hammer Tip (Extra
architecture
Hard-Yellow)
Memory / RAM 32 GB / 3.0 GB P9000-04 Hammer Tip (Hard-
Connectivity Wi-Fi / BLE 4 Black)
P9000-05 Tablet
Battery 32.4 watt-hour (+10 hours)
P9000-06 Tablet Case
P9000-07 USB Charger
P9000-08 USB Cable
IMPACT HAMMER
P9000-09 Carry Case

Hammer Dimension 317.5 mm (L) x 100 mm (W)


Hammer Weight 510 gr
P9000-10 User Manual
Tip Size 38.1 mm (D)
Tip Thread Size 5/16” (7.9 mm)

© 2021 FPrimeC Solutions Inc. | Page 25


Payment, Purchase Price, Associated Charges and Taxes.
Terms and Conditions of Sales (“Sale
Unless otherwise agreed to between FPrimeC and Customer,
Agreement”)
payment must be made at the time of the purchase order by credit
FPrimeC Solutions Inc. (“FPrimeC”) iPile (the “Product”). card, wire transfer, or cheque made payable to FPrimeC (so long as
the cheque is issued by a bank located in Canada or the United
Applicability.
States). Customer is responsible to pay for the total purchase price of
By finalizing and placing your purchase order, You (“Customer”), the Product plus shipping and handling cost, as applicable. In addition
agree to be bound by and accept the accompanying quotation and/or to the total purchase price, the Customer is also responsible for paying
purchase order, as applicable, and the terms and conditions contained all taxes imposed by any governmental entity, including but not limited
herein (collectively, the “Sale Agreement”). If You and/or the end-user to any applicable sales, goods and services, excise, customs and
(“End User”) in the case where You are an authorized distributor or duties taxes.
reseller, as the case may be, disagree with the Sale Agreement, do
Title; Risk of Loss.
not finalize Your order, or if the order has been placed, return the
Product immediately upon receipt without using it. This Sale The title to the Product will pass to Customer when the Product is paid
Agreement contains the only terms and conditions governing the sale for in full. Unless the Customer selects its own mode of shipping,
of the Product by FPrimeC to the Customer. FPrimeC will continue to bear all responsibility for loss of or damage
to the Product during initial shipment following the purchase and until
Quotations.
the Product is delivered to Customer (the date of delivery is referred to
Unless otherwise stated in the quotation or otherwise extended in herein as the “Delivery Date”). Any stated delivery date(s) on the
writing by FPrimeC, quotations automatically expire 30 calendar days quotes and purchase orders issued by FPrimeC are approximate.
from the date issued by FPrimeC and are subject to withdrawal by FPrimeC will not be liable for any losses, damages, penalties, or
notice to the Customer within that period. expenses for failure to meet any delivery date.

© 2021 FPrimeC Solutions Inc. | Page 26


Limited Warranties. FPrimeC disclaims all other warranties, express or implied, including

FPrimeC warrants the Product against defects in materials and without limitation implied warranties of merchantability, fitness for a

workmanship under normal use (the “Warranty”) for a period of 12 particular purpose, or against hidden or latent defects. FPrimeC’s

months from the Shipping Date (the “Warranty Period”), on the responsibility for warranty claims is limited to repair or replacement.

condition that the Product has been completely paid for. FPrimeC reserves the right to modify this Warranty at any time, at its
sole discretion, and with notice to Customer.
Unless as otherwise mandated by local law, the Warranty Period does
not restart if Customer receives a replacement appliance and/or FPrimeC does not warrant that the operation of the Product will be

replacement Software (as hereinafter defined in the “Software uninterrupted or error-free. FPrimeC is not responsible for damage

Licence” section). arising from failure to follow instructions relating to the Product’s use.

This Warranty does not apply: (a) to consumable parts, such as This Warranty is voided immediately if repair, modification (to include

batteries, chargers and cables unless damage has occurred due to a upgrades, expansions or usage or addition of non-manufacturer parts

defect in materials or workmanship; (b) to cosmetic damage, including or accessories), alteration or other service is attempted other than by

but not limited to scratches, dents and broken plastic on ports; (c) to FPrimeC, unless expressly authorized by FPrimeC in writing. In this

damage caused by accident, abuse, misuse, neglect or failure to regard, the integrity of the appliance casing (aka the box) should not

properly maintain (to include but not limited to water damage and/or be violated for any reason, unless expressly authorized by FPrimeC

condensation or improper temperatures during storage), or improper in writing.

installation; (d) to damage caused by electrical disturbances or acts of


Technical Support.
God, to include but not limited to civil disturbance, war, flood, fire,
rodents or insects; (e) where manufacturer’s serial numbers and FPrimeC will provide technical support to Customer in accordance
security labels have been removed from the Product; and (f) to with the then-current support policy in effect and in accordance with
damage caused during shipment from Customer to FPrimeC in the the Warranty provided herein unless full payment for the purchase of
case of Product returns for repair. the Product has not been received. FPrimeC will respond to

© 2021 FPrimeC Solutions Inc. | Page 27


Customer support problems by phone or by email inquiry during Product until the Product has been installed and is found to be in
FPrimeC’s business hours. If a support problem cannot be rectified proper working order.
via phone or email, Customer will be provided with return instructions.
If the Product arrives to the Customer damaged or defective at initial
FPrimeC may provide any or all of following additional technical delivery, Customer must notify FPrimeC Technical Support within 30
support, as agreed to between FPrimeC and the Customer, for an calendar days from the Delivery Date of the condition of the Product
additional fee(s): and obtain return instructions if needed. The Product must then be
returned immediately to FPrimeC for repair or replacement at
(1) Online Training: a 2-hour online training package; and
FPrimeC’s sole discretion. FPrimeC will then arrange for delivery of
(2) On-site Training.
temporary or permanent replacement Product. Customer is
Customer agrees and understands that it may be necessary for responsible for properly packing the return shipment of the Product.
FPrimeC to collect, process, and use Customer data to perform the FPrimeC will arrange for shipping and insurance.
support and repair obligations identified herein. This may include the
If Customer fails to notify FPrimeC in writing within 30 calendar days of
necessity to transfer data to third parties contracted with FPrimeC
the Delivery Date, (i) the Refund Policy below will not apply, (ii)
(“Contracted Third Parties”) to assist in meeting these obligations. In
Customer will bear the cost of returning the Product for repair, and (iii)
doing so, FPrimeC and the Contracted Third Parties, as applicable,
damaged Product will not be accepted.
will (i) protect and keep confidential such information, (ii) not use such
information for reasons other those discussed herein, and (iii) not If the Product is not working properly during the Warranty Period, but
sell, distribute or pass on such information to any other third party. following the initial 30-day period, Customer must contact FPrimeC
Technical Support to confirm the problem and obtain return
Repair.
instructions if needed. Customer will pay shipping and insurance
Customer should carefully inspect the Product upon its delivery. costs when returning the Product for repair.
Customer should maintain all original packaging upon receiving the

© 2021 FPrimeC Solutions Inc. | Page 28


If the Product is returned for repair or replacement at any time or reseller will coordinate with FPrimeC for the return of the Product.
following the purchase by Customer and FPrimeC discovers that the In either case, Customer is responsible for shipping and insurance
Warranty is inapplicable due to the reasons provided above (refer to charges and any damage to the Product which takes place en route
the “Limited Warranties” section), the Product will not be repaired and to FPrimeC. FPrimeC reserves the right to charge Customer a
it will be returned to Customer at Customer’s expense, unless nominal re-stock fee for any such returns.
Customer authorizes and pays for repair. Whether Customer
authorizes repair or not, FPrimeC reserves the right to charge a “No
Not for Resale.

Fault Found” fee where the Product is found not to be defective due The Product may not be purchased for resale purposes by Customer
to any fault of FPrimeC. unless Customer is a legal and authorized reseller of FPrimeC
products.
Any authorized FPrimeC reseller or distributor involved in the
purchase of the Product is not authorized to make any modification,
Limitation of Liability.
extension, or addition to the Limited Warranties provided by FPrimeC
FPrimeC is not liable under any other agreement between End User
herein, although any such reseller or distributor may provide its own
and an authorized FPrimeC reseller or distributor for the provisions
warranty in addition to the warranty coverage provided by FPrimeC.
of support, including but not limited to an extended warranty or any
Refund Policy and Product Return. support, service or repair agreement.

On a case-by-case basis, FPrimeC reserves the right to authorize, in


In no event shall FPrimeC be liable for any loss, claim, expense or
its sole discretion, a full refund of any Product purchase made where
damage caused by, contributed to or arising out of the acts or
a refund is requested within 30 calendar days of the Delivery Date.
omissions of Customer or third parties.
In such cases where a refund is approved, Customer will return the
Product to FPrimeC. If the Product was ordered by an authorized
distributor or reseller and then resold to an End User, such distributor

© 2021 FPrimeC Solutions Inc. | Page 29


In no event shall FPrimeC be liable for indirect, special, incidental or Any suit arising hereunder must be commenced within 2 years from
consequential, exemplary or punitive damages arising out of or the date on which the cause of action accrues.
relating to any breach of this Sale Agreement, including but not
limited to loss of use; loss of revenue; loss of actual or anticipated
Limitation against High-Risk Uses.

profits (including loss of profits on contracts); loss of the use of Customer will not purchase the Product for usage in connection with
money; loss of anticipated savings; loss of business; loss of any high risk or strict liability activity (including, without limitation, air
opportunity; loss of goodwill; loss of reputation; loss of, damage to or travel, space travel, firefighting, police operations, vehicle operations,
corruption of data or software programs; or any indirect or power plant operations or power generation applications, transport
consequential loss or damage howsoever caused including the management systems, military operations, rescue operations,
replacement of equipment and property, any costs of recovering, hospital and medical operations or the like) whereby such usage
programming, or reproducing any program or data stored or used could cause or contribute to damage to property or injury to persons.
with the Product and any failure to maintain the confidentiality of data
Unless expressly allowed in the accompanying FPrimeC quotation or
stored on the product. The foregoing limitation shall not apply to
purchase order, the Product is not to be used by the Customer or End
death or personal injury claims directly resulting from FPrimeC’s acts
User in or with any nuclear facility. Customer accepts the
or omissions, or any statutory liability of FPrimeC for intentional and
responsibility for insuring that the Product is not used in violation of
gross negligent acts and/or omissions.
this limitation and Customer shall defend, indemnify and hold
harmless FPrimeC and its owners, directors, officers, employees and
In no event shall the aggregate liability of FPrimeC arising out of or
agents from any and all liability and related actions, claims, costs,
related to this Sale Agreement, whether arising out of or related to
demands, expenses and losses arising out of said improper use.
breach of contract, tort (including negligence) or otherwise, exceed
the aggregate dollar amount paid by Customer under this Sale
Agreement.

© 2021 FPrimeC Solutions Inc. | Page 30


Software Licence. through the authorized FPrimeC distributor or reseller, which made the

The Product is and contains, the intellectual property of FPrimeC, and Product sale. Any disposal or recycling of the Product must be done in

is protected by Canadian, the U.S. and international copyright, patent, accordance with local government directives.

trade secret laws and international treaties. This Agreement is not


Export.
intended to grant, and shall in no way be construed to grant, to
Customer shall comply with all export laws and restrictions and
Customer any rights in the intellectual property of FPrimeC, including
regulations of Canada. Furthermore, Customer will not export or allow
the intellectual property in the Product. Customer acknowledges that
the export or re-export of the Product in violation of any such
the Software is the intellectual property of FPrimeC and respects
restrictions, laws or regulations. Additionally, Customer represents
FPrimeC’s rights as the intellectual property rights holder. Customer
and warrants that it is not located in, under the control of, or a resident
may not, and Customer agrees not to, or to enable others to, copy,
of any restricted country.
decompile, reverse engineer, disassemble, attempt to derive the
source code of, decrypt, modify, or create derivative works of the
Relationship of the Parties.
Software or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law). Any attempt to do The relationship between FPrimeC and Customer is that of

so is a violation of the rights of FPrimeC. By virtue of this Sale independent contractors. Nothing contained in this Sale Agreement

Agreement and the Software License Agreement, Customer acquires shall be construed as creating any agency, partnership, joint venture or

only the right to use the Software as contained in the Product and does other form of joint enterprise, employment or fiduciary relationship

not acquire any rights of ownership rights. All rights, title and interest between FPrimeC and Customer, and neither party shall have authority

in the Software shall at times remain the property of FPrimeC. to contract for or bind the other party in any manner whatsoever.

Product Disposal/Recycling. No Third-Party Beneficiaries.

FPrimeC is unable to dispose of or recycle the Product following use. This Sale Agreement is for the sole benefit of the parties hereto and

End-User may dispose, or recycle the Product or arrange for the same their respective successors and permitted assigns. Nothing herein,

© 2021 FPrimeC Solutions Inc. | Page 31


express or implied, is intended to or shall confer upon any other person All notices, requests, consents, claims, demands, waivers and other
or entity any legal or equitable right. communications hereunder (each, a “Notice”) shall be in writing and
addressed to FPrimeC or the Customer at the addresses set forth on
Termination. the accompanying quotation or purchase order issued by FPrimeC,
In addition to any remedies that may be provided under this Sale or to such other address as may be designated by the receiving party
Agreement, FPrimeC may terminate this Sale Agreement with in writing. Notices will be deemed effectively given: (a) when
immediate effect upon written notice to Customer, if Customer: (a) fails received, if delivered by hand, with signed confirmation of receipt; (b)
to pay any amount when due under this Sale Agreement; (b) has not one business day after deposit with a nationally recognized overnight
otherwise performed or complied with any of the terms and conditions courier; (c) when sent, if by facsimile or email (in each case, with
described herein; or (c) becomes insolvent, files a petition for confirmation of transmission) if sent during the addressee’s normal
bankruptcy or commences or has commenced against it proceedings business hours and on the next business day if sent after the
relating to bankruptcy, receivership, reorganization or assignment for addressee’s normal business hours; and (d) on the third business
the benefit of creditors. day after mailed via registered mail.

Entire Agreement.
Gender.
This Sale Agreement together with any exhibits and schedules hereof
In this Sale Agreement, unless the context otherwise requires, any
constitute the entire understanding of the parties as to the subject
reference to a gender shall include all genders.
matter hereof and supersedes all prior offers, agreements,
arrangements, negotiations and understanding, written or oral
between the parties relating to that subject matter. Severability; Assignment.

If any provision of this Sale Agreement is held to be unenforceable


Notices.
for any reason, the legality or enforceability of the remaining terms
shall not be affected or impaired. The failure of FPrimeC to act with

© 2021 FPrimeC Solutions Inc. | Page 32


respect to a breach of this Sale Agreement by Customer or others be executory, and judgment thereon may be entered by any court of
does not constitute a waiver and shall not limit FPrimeC's rights with competent jurisdiction.
respect to such breach or any subsequent breaches.
Governing Law.
FPrimeC expressly reserves the right to assign this Sale Agreement
This Sale Agreement shall be governed by and construed under the
and to delegate or assign any of its obligations hereunder, including
laws of the Province of Ontario and the federal laws of Canada
but not limited to the delegation of repair services to Contracted Third
applicable therein.
Parties. Customer may not assign, delegate or otherwise transfer
(whether by operation of law or otherwise) this Sale Agreement or
Any non-English language translation of this Sale Agreement and all
any of Customer rights or obligations hereunder without the prior
exhibits, schedules, attachments and appendices is done for local
written consent of FPrimeC.
requirements and in the event of a dispute between the English and

Dispute Resolution and Governing Law. any non-English versions, the English version of this Sale Agreement
and all exhibits, schedules, attachments and appendices shall
All disputes arising out of or in connection with this Sale Agreement,
govern.
including all exhibits, schedules, attachments and appendices, shall be
finally settled under the Rules of Arbitration of the International Exclusion of International Convention.
Chamber of Commerce by one or more arbitrators appointed in
The parties agree to exclude, in its entirety, the application of the United
accordance with the said Rules. The place of arbitration shall be
Nations Convention on Contracts for the International Sale of Goods
Ottawa, Ontario, Canada. The language of the arbitration shall be
(as may be amended from time to time)
English. The decision of the arbitrator(s) shall be binding upon the
parties hereto, and the expense of the arbitration (including without
limitation the award of legal fees to the prevailing party) shall be paid
as the arbitrator(s) determine(s). The decision of the arbitrator(s) shall

© 2021 FPrimeC Solutions Inc. | Page 33


FPRIMEC SOLUTIONS INC. SOFTWARE (a) Pursuant to the terms set out in this Agreement, the
Licensor hereby grants to the Licensee a non-exclusive,
LICENSE AND SUPPORT AGREEMENT
royalty-free, and non-transferrable license to use the
Licensor’s software application known as iPile (the
This Software License and Support Agreement (the “Agreement”) is
“Software”). The term “Software” used herein shall also
made as of the ___ day of March, 2020 (the “Effective Date”), by and
include any upgrades, modified versions, bug fixes or
between FPrimeC Solutions Inc., with its offices at 2 Simcoe Street
updates of the Software.
South, Suite 300, Oshawa, Ontario L1H 8C1 (the “Licensor”) and
Customer on its behalf and on behalf of any of its sub-licensors of the
(b) The license granted to the Licensee to use the Software is
Software (collectively, the “Licensee”).
limited as follows:

WHEREAS the Licensee wishes to obtain a license for the Software


(i) the Licensee may install and use the Software
(as defined below) and the Licensor wishes to provide such license to
and the Software documentation solely for the
the Licensee, inclusive of ongoing annual maintenance and support
internal business purposes of the Licensee;
services subscriptions (the “Annual Maintenance”), on the terms and
conditions set out in this Agreement. (ii) the Licensee may install and use the Software on
any number of workstations, and on such number
NOW THEREFORE, for good and valuable consideration (the receipt
of servers/user seats/databases and with such
and sufficiency of which are hereby acknowledged by each of the
languages in addition to English as set out in the
parties hereto) the parties agree as follows:
written order and quotation set out at Attachment
“A” to this Agreement and which form a part of
1. Grant and Payment, and Annual Maintenance
this Agreement (“Order & Quotation”) and
Subscription.
executed between the Licensor and the Licensee;

© 2021 FPrimeC Solutions Inc. | Page 34


(iii) the Licensee shall not use the Software on such (ii) modify, adapt, translate, incorporate into or with
number of servers/user seats/databases and with other software, or create a derivative work of any
such languages in addition to English greater part of the Software;
than as set out in the attached Order & Quotation
and executed between the Licensor and the (iii) copy, reproduce or duplicate the Software, by any
Licensee; and means or in any manner, except in accordance
with the scope of the license or as specifically
(iv) the Licensee may make a reasonable quantity of provided herein for backup purposes; or
copies of the Software documentation for use
only in connection with the Licensee’s operation (iv) decompile, disassemble, reverse engineer or
of the Software, provided that all such copies attempt to reconstruct, identify or discover any
retain the Licensor’s trademark, copyright and source code, underlying ideas, underlying user
other proprietary legends and/or logos. interface techniques or algorithms of the Software
by any means whatever.
(c) In addition to the foregoing, the Licensee shall not:
(d) In consideration of the grant of license of the Software by
(i) without the prior written consent of the Licensor, the Licensor pursuant to the terms of this Agreement, the
provide, rent, lease, lend, use for timesharing, Licensee agrees to pay the Licensor all undisputed license
application service provider or service bureau and ongoing subscription fees properly set out in the
purposes, or otherwise use or allow others invoices provided by the Licensor to the Licensee, in the
(including affiliates of the Licensee) to use the manner described therein. All such invoices shall be paid by
Software for their own benefit or for the benefit of the Licensee upon signing this Agreement and related
third parties; Order & Quotation.

© 2021 FPrimeC Solutions Inc. | Page 35


(e) The charges and fees provided for in this Agreement are personnel and/or associate were the Licensee hereunder.
exclusive of and do not include any taxes, duties, or similar The Licensee further acknowledges and agrees that it shall
charges imposed by any government. The Licensee agrees not be permitted to defend any enforcement by the Licensor
to pay or reimburse the Licensor for all legally required for any breach of the terms hereof by the personnel and/or
federal, state, dominion, provincial, or local sales, VAT, use, affiliates of the Licensee on the basis that the Licensee was
personal property, import, export, excise or other taxes, not aware or did not take part in any actions or inactions
fees, or duties arising out of this Agreement or the which gave rise to the breach of the terms hereof.
transactions contemplated by this Agreement. If the
Licensee fails to make any payment of any amounts not (g) The additional terms and conditions pertaining to the
disputed in good faith within ten (10) days of when due, the mandatory ongoing subscription for Annual Maintenance for
Licensor may suspend delivery of products, support the Software made under this Agreement are attached as
services and any other services, or restrict access to the Attachment “B” and form a part of this Agreement.
Software and/or Annual Maintenance, until the past due
2. Intellectual Property Rights.
payment is made.

(f) The Licensee shall be responsible for compliance with the (a) The Software is owned by the Licensor, and its structure,
organization and code are the exclusive intellectual property
terms hereof by all of its personnel and affiliates. A breach
by any such personnel and/or affiliate of the Licensee’s and valuable trade secrets of the Licensor. All intellectual

obligations hereunder shall be deemed to be a breach by property rights in and to the Software are the sole and
exclusive property of the Licensor. Except for the right to
the Licensee under this Agreement, and the Licensee shall
forthwith indemnify and hold harmless the Licensor for any use the Software as specifically stated above in Section 1

amounts that would be otherwise be payable by the above, the Licensee is not granted any other rights in the
Software. The Licensee acknowledges that the Software is
personnel and/or affiliates of the Licensee as if such

© 2021 FPrimeC Solutions Inc. | Page 36


protected by copyright and other intellectual property laws extent necessary to perform its obligations hereunder. The
and by international treaties and agrees to abide by all term “Licensee Data” means all data, information, and
applicable laws, regulations and treaties in regard thereto. other content of any type and in any format, medium, or
Notwithstanding the foregoing, if the Software contains any form, whether audio, visual, digital, screen, GUI, or other,
open-source software components, the parties’ rights and that is input, uploaded to, placed into, or collected, stored,
obligations shall be governed by the applicable open-source processed, generated, or output by any device, system, or
licenses therefor and the Licensor shall provide to the network by or on behalf of the Licensee, including any and
Licensee upon request a complete, machine-readable copy all works, inventions, data, analyses, and other information
of the source code with respect to all such open-source and materials resulting from any use of the Software by or
software components. on behalf of the Licensee under this Agreement, except that
Licensee Data does not include the Software or data,
(b) Licensee Data. As between the Licensee and the Licensor, information, or content, including any GUI, audio, visual, or
the Licensee has, reserves, and retains, the sole and digital or other display or output, that is generated
exclusive ownership of all right, title, and interest in and to automatically upon executing the Software without
the Licensee Data (as defined below), including all additional user input.
intellectual property rights arising therefrom or relating
thereto. The Licensee Data is the Confidential Information 3. Software Warranty.
(as defined below) of Licensee, and neither the Licensor nor
any third party (other than a Licensee affiliate) has or will: (i) (a) The Licensor warrants to the Licensee during the twelve

have, acquire, or claim any right, title, or interest in or to any (12)-month period from the Effective Date (hereinafter, the
Licensee Data as a result of this Agreement or any interest “Warranty Period”) that:
in the Software; or (ii) have any right or license to use, and
shall not use, any Licensee Data except solely as and to the

© 2021 FPrimeC Solutions Inc. | Page 37


(i) the Software will be free from any viruses. For the The Licensor’s sole liability and the Licensee’s exclusive
purposes of this paragraph, “virus” means remedy with respect to breach of this limited warranty shall
computer code that is designed to disrupt, be limited to providing the Licensee with an error correction,
disable, harm, or otherwise impede materially, in replacing the non-conforming Software, or if neither is
any manner (including material aesthetical commercially feasible, refunding the license fees received
disruptions or distortions) the operation of the for the non-conforming Software provided the Licensee
Software, which is capable of detection using thereafter discontinues all use of such Software.
industry standard virus checking software; and
(b) The Licensor does not warrant the performance or the
(ii) the Software will be free from defects in the media results the Licensee may obtain by using the Software or
and will operate substantially in accordance with documentation. The Licensor stores no data of the Licensee
the related documentation. If the Licensee on the Licensor’s computer systems. The Licensee
discovers an error during the Warranty Period, acknowledges that there is a risk that data can be damaged
the Licensee shall promptly notify the Licensor of or corrupted and there is no guarantee that such damage or
such error and provide the Licensor with sufficient corruption can be reversed or recovered from. The Licensee
information in written or electronic form so that shall be responsible for backing up its own data and the
the Licensor can reproduce such error. costs of restoring such data from any backup.

If the Licensee discovers an error during the Warranty (c) The Licensee acknowledges that the Software interacts with
Period, the Licensee shall promptly notify the Licensor of other software and databases. The Licensee acknowledges
such error and provide the Licensor with sufficient that the Licensor is not responsible in any manner for the
information in written or electronic form so that the error can performance of the Software or any issues of accessibility
be reproduced. to the extent same are caused by changes made by the

© 2021 FPrimeC Solutions Inc. | Page 38


Licensee to its systems for any reason including (without 4. Intellectual Property Indemnification.
limitation) as a result of any changes introduced by the other
supplier to its application programming interface or to the (a) Subject to the provisions of this Section 4 hereof, the
other supplier’s system, including the application of service Licensor shall indemnify the Licensee against all fees,
packs, or changes to the server operating system, OS judgments, penalties, costs, losses, liability to third parties,
environment variables or server hardware platform. The and expenses of whatever kind (including reasonable legal

work necessary to ensure compliance of the Software with fees) arising from any claim alleging that the Software
the other supplier’s system following any such event shall infringes any patent, trade secret, or copyright of any third
be subject to additional charges, charged on a time and party within Canada or the United States of America,
materials basis. provided that (i) the Licensee as promptly as practicable
notifies the Licensor of any such third party demand, action,
(d) The warranty obligations of the Licensor in this Section 3 do suit or proceeding, threatened or actual, against the
not apply to the extent that, without the prior written consent Licensee (a “Claim”), (ii) the Licensee may not settle or
of the Licensor: (i) the Licensee modifies the Software and compromise any such claim without the prior written
such modification causes non-compliance of the Software consent of the Licensor, and (iii) the Licensor, at its sole
with the warranties, or (ii) the Licensee uses the Software in option, may elect to conduct the defense of any such third
a manner not permitted or contemplated under this party Claim, including, without limitation, any settlement or
Agreement or the applicable Software documentation compromise thereof, in which case the Licensee and its
(including without limitation use of the Software with any corporate affiliates, and any director, officer, employee or
hardware, data or other software not permitted or agent thereof, shall cooperate reasonably in such defense
contemplated) or in violation of the terms and conditions set at the Licensor’s cost. The Licensor may at any time: (a)
forth in this Agreement procure for the Licensee the right to continue the use of the
Software; (b) replace or modify the Software so as to be

© 2021 FPrimeC Solutions Inc. | Page 39


non-infringing without materially diminishing the Licensee with respect to any Claim for intellectual property
functionality thereof; or (c) if the Licensor reasonably and in infringement.
good faith determines that options (a) and (b) are not
commercially practicable, terminate this Agreement (d) If the Licensee has a Claim, it shall promptly notify the
effective immediately upon written notice to the Licensee Licensor and shall provide the Licensor with sufficient
and refund to the Licensee the amount of the license and information to verify the Claim.
ongoing subscription fees paid by the Licensee during the
one (1) year period immediately preceding the date of the 5. Limitation of Liability.

facts giving rise to such claim .


(a) Except as expressly set out in Section 3, the Licensor
makes no warranties, express, statutory or implied, with
(b) The indemnification obligations of the Licensor in this
Section 4 do not apply to the extent that, without the prior respect to the Software, the Software documentation or any

written consent of the Licensor: (i) the Licensee modifies the services to be provided by the Licensor hereunder. The
Licensor expressly disclaims all other warranties, including
Software and such modification causes such infringement,
or (ii) the Licensee uses the Software in a manner not without limitation any implied or statutory warranties or

permitted or contemplated under this Agreement or the conditions of merchantability, title, non-infringement or
fitness for a particular purpose. The Licensor does not
applicable Software documentation (including without
limitation use of the Software with any hardware, data or warrant that the Software will meet the Licensee’s

other software not permitted or contemplated) or in violation expectations nor that it will function entirely uninterrupted,
error free or that all defects in the Software will be corrected.
of the terms and conditions set forth in this Agreement.
The Licensor makes no warranty regarding accessibility to,
(c) The indemnification obligations of the Licensor in this or the privacy or security of, any of the Licensee’s
Section 4 set forth the sole and exclusive remedy of the information, files or data except as specifically set out

© 2021 FPrimeC Solutions Inc. | Page 40


herein. The Licensee assumes the entire risk as to the availability of computer resources or any stored
results of the Software. The Licensee acknowledges that it data;
has or will have independently determined that the Software
meets its business requirements and that it has not relied (iii) indirect, consequential or special damages of any
on any representation by the Licensor as to the suitability of kind;
any item for any particular purpose, except those provided
(iv) contribution, indemnity (other than the Licensor’s
in this Agreement. The Licensor does not warrant that the
Software will be capable of achieving any particular result obligations in Section 4 above) or set-off in

or results in the Licensee’s business or operations. Except respect of any claims against the Licensee by any

as expressly stated otherwise in this Agreement, Software third party;

is provided and licensed on an “as is” basis without other


(v) any damages whatsoever related to any software
warranty of any kind.
that is not designed or manufactured by the

(b) Except for a breach by the Licensee or its personnel of Licensor or any computer hardware; or

Section 1(c) or 2 above, in no event whatsoever will either


(vi) any damages whatsoever relating to interruption,
party hereto, its respective directors, officers, employees,
delays, errors or omissions, or costs of
agents, contractors or affiliates, be liable for any claim for:
procurement of substitute goods or services.

(i) punitive, exemplary or aggravated damages;


(c) Without limiting the generality of this Section 5, the

(ii) damages for loss of profits or revenue, failure to maximum total liability of the Licensor, and its respective
directors, officers, agents, representatives, shareholders
realize expected savings, loss of use or lack of
and employees, for any claim whatsoever, regardless of the

© 2021 FPrimeC Solutions Inc. | Page 41


cause of action and including without limitation claims for (a) The term of this Agreement shall commence on the
breach of contract, tort, negligence or otherwise, and the Effective Date and shall continue during the period that the
Licensee’s sole remedy therefore, shall be strictly limited to Licensee is up to date in all license and ongoing
amount not to exceed the amount of the license fees and subscription fees payable to the Licensor (the “Term”),
ongoing subscription fees paid by the Licensee to the subject to the early termination provisions herein.
Licensor hereunder during the one (1) year period
immediately preceding the date of the facts giving rise to (b) The Licensee may terminate this Agreement on not less
such claim. than thirty (30) days prior written notice to the Licensor,
provided that Licensee shall then forfeit any prepaid fees
(d) Notwithstanding anything herein contained to the contrary, already paid by the Licensee to the Licensor whether or not
no action arising out of or relating to this Agreement, or the earned by the Licensor.
Licensor’s obligations hereunder, regardless of form, may
be brought by the Licensee more than one (1) year after the (c) Without limiting any other rights or remedies available to the

facts giving rise to the cause of action are actually known to Licensor, at law or in equity, the Licensor has the right to
the Licensee. terminate this Agreement immediately and without notice to
the Licensee, if:
(e) The parties agree that the limitations contained in this
Section 5 are reasonable in scope and that the terms and (i) the Licensee is in breach of any of its obligations
conditions of this Agreement have been negotiated taking under Section 1 of this Agreement, or in breach
into account such limitations. of any of its payment obligations for more than
sixty (60) days beyond any payment due date;
6. Term and Termination

© 2021 FPrimeC Solutions Inc. | Page 42


(ii) the Licensee is in material breach of any of its disputed in good faith) under this Agreement,
obligations under this Agreement, other than in provided that the Licensor has notified the
regard to a breach of its obligations under Section Licensee in writing of its failure to make such
1 of this Agreement or its payment obligations, payment.
and such breach continues unrectified for ten (10)
days following the provision of written notice of (d) Upon termination of this Agreement for any reason

such breach to the Licensee; whatsoever, any license that the Licensee has to use any
Software will terminate immediately and the Licensee shall,
(iii) the Licensee voluntarily enters into proceedings at the Licensor’s option, destroy or return all Software and
in bankruptcy or insolvency, makes an Software documentation of the Licensor. In the event the
assignment for the benefit of its creditors, is Licensee wishes to reinstate its license of the Software after
adjudged to be bankrupt or insolvent, a petition is an event of termination of this Agreement for any reason,
filed against the Licensee under a bankruptcy the written authorization of FPrimeC will be required and it
law, corporate reorganization law, or any other will be necessary for the Licensee to repurchase the license
law for the relief of debtors or similar law and such for the Software and pay all outstanding subscriptions of
petition is not discharged with sixty (60) days after Annual Maintenance before the license for the Software will
its filing, or a receiver, trustee or similar person is be reinstated.
appointed with respect to the Licensee’s assets;
7. Governing Law and General Provisions.
(iv) the Licensee ceases to carry on its business; or
(a) This Agreement will be governed by the laws of the Province
(v) the Licensor has not received any payment within of Ontario and the federal laws of Canada applicable
fifteen (15) days of when due (other than those therein, excluding the application of its conflicts-of-law rules.

© 2021 FPrimeC Solutions Inc. | Page 43


This Agreement will not be governed by the United Nations written consent of the Licensor, including without limitation
Convention On Contracts For The International Sale Of in the event of a change of control of the Licensee. Any
Goods, the application of which is expressly excluded. Any attempt by the Licensee to assign, sub-license or otherwise
suit, action, or proceeding arising from or related to this transfer any of its rights, duties or obligations pursuant to
Agreement or the parties’ rights or obligation hereunder this Agreement, without the prior written consent of the
shall be instituted exclusively in the courts of Canada or the Licensor where required, is void and of no effect. The
Province of Ontario, in each case located in Toronto, Licensor may assign this Agreement to any affiliated
Ontario, and each party irrevocably consents to the corporation or successor owner of the Software without the
jurisdiction of such courts in any such suit, action, or prior consent of the Licensee.
proceeding.
(e) The termination of expiration of this Agreement will not
(b) If any part of this Agreement is found void and affect the survival and enforceability of any provision of this
unenforceable, it will not affect the validity of the balance of Agreement which is expressly or impliedly intended to
the Agreement, which shall remain valid and enforceable remain in force after such termination or expiration.
according to its terms. Notwithstanding the generality of the foregoing, Sections
1(c), 2, 5, 7, and 8 shall survive any termination of this
(c) The Licensee shall not knowingly ship, transfer or export Agreement.
then Software into any country or used in any manner
prohibited by any applicable export control law, restriction (f) Time shall be of the essence in connection with this
or regulation. Agreement.

(d) This Agreement may not be assigned, sub-licensed or (g) Each of the parties to this Agreement agrees that it will
otherwise transferred by the Licensee without the prior promptly do, make, execute or deliver, or cause to be done,

© 2021 FPrimeC Solutions Inc. | Page 44


made, executed or delivered, all such further acts, that are in good faith undisputed and due to the Licensor
documents and things as the other party hereto may within the time set for making such payments.
reasonably require from time to time for the purpose of
giving effect to the provisions of this Agreement and will use (j) This Agreement and the Software license and Annual
reasonable efforts and take all such steps as may be Maintenance referenced herein (inclusive of the written
reasonably within its power to implement to their full extent order and quotation set out on the cover pages of this

the provisions of this Agreement. Agreement and executed between the Licensor and the
Licensee) sets forth the entire agreement between the
(h) This Agreement shall inure to the benefit of, and be binding parties hereto pertaining to the subject matter hereof and
upon, the parties hereto and their respective permitted supersedes all prior agreements. There are not and shall
successors and assigns. not be any oral statements, representations, warranties,
undertakings or agreements between the parties. The terms
(i) The parties will have no obligation to perform its of this Agreement prevail over any terms or conditions
obligations hereunder to the extent and for the period that contained in any other documentation related to the subject
the affected party is prevented from doing so by reason of matter of this Agreement and expressly exclude any terms
force majeure or any unforeseeable cause beyond its and conditions contained in any purchase order or other
control, including the inability to use or the failure of any document issued by the Licensee.
third party telecommunications carrier or other services,
unless such inability is directly or indirectly caused by or 8. Confidentiality.
attributable to the affected party. Notwithstanding the
foregoing, no such cause affecting the Licensee shall (a) Confidential Information. In connection with this
relieve the Licensee of the obligation to make all payments Agreement, each party (as the “Disclosing Party”) may
disclose or make available Confidential Information to the

© 2021 FPrimeC Solutions Inc. | Page 45


other party (as the “Receiving Party”). Subject to Section was or becomes generally known by the public other than
8(b), the term “Confidential Information” means information by the Receiving Party’s noncompliance with this
in any form or medium (whether oral, written, electronic, or Agreement; (iii) was or is received by the Receiving Party
other) that the Disclosing Party considers confidential or on a non-confidential basis from a third party that, to the
proprietary, including information consisting of or relating to Receiving Party’s knowledge, was not or is not, at the time
the Disclosing Party’s technology, trade secrets, know-how, of such receipt, under any obligation to maintain its
business operations, plans, strategies, customers, and confidentiality; or (iv) the Receiving Party can demonstrate
affiliates, and information with respect to which the by written or other documentary records was or is
Disclosing Party has contractual or other confidentiality independently developed by the Receiving Party without
obligations, in each case whether or not marked, reference to or use of any Confidential Information.
designated, or otherwise identified as “confidential.” Without
limiting the foregoing, the Software and Software (c) Protection of Confidential Information. As a condition to

documentation are the Confidential Information of the being provided with any disclosure of or access to
Licensor, the Licensee Data is the Confidential Information Confidential Information, the Receiving Party shall: (i) not
of the Licensee, and the terms of this Agreement are the access or use Confidential Information other than as

Confidential Information of both parties. necessary to exercise its rights or perform its obligations
under and in accordance with this Agreement; (ii) except as
(b) Exclusions. Confidential Information does not include may be permitted by and subject to its compliance with
information that: (i) was rightfully known to the Receiving Section 8(d), not disclose or permit access to Confidential
Party or its Representatives (as defined below) without Information other than to its Representatives who: (A) need
restriction on use or disclosure prior to such information’s to know such Confidential Information for purposes of the
being disclosed or made available to the Receiving Party or Receiving Party’s exercise of its rights or performance of its
such Representatives in connection with this Agreement; (ii) obligations under and in accordance with this Agreement;

© 2021 FPrimeC Solutions Inc. | Page 46


and (B) have been informed of the confidential nature of the that the Disclosing Party can seek a protective order or
Confidential Information and the Receiving Party’s other remedy, or waive its rights under Section 8(c); and (ii)
obligations under this Section 8(c); (iii) safeguard the provide reasonable assistance to the Disclosing Party, at
Confidential Information from unauthorized use, access, or the Disclosing Party’s sole cost and expense, in opposing
disclosure using at least the degree of care it uses to protect such disclosure or seeking a protective order or other
its similarly sensitive information and in no event less than limitations on disclosure. If the Disclosing Party waives
a reasonable degree of care; and (iv) ensure its compliance or, after providing the notice and assistance
Representatives’ compliance with, and be responsible and required under this Section 8(d), the Receiving Party
liable for any of its Representatives’ noncompliance with, remains legally required to disclose any Confidential
the terms of this Section 8. The Receiving Party shall be Information, the Receiving Party may disclose only that
responsible for any breach of or noncompliance with this portion of the Confidential Information that, on advice of the
Section 8 by any of its Representatives. In this Section 8, Receiving Party’s counsel, the Receiving Party is legally
the term “Representatives” means, with respect to a party, required to disclose and, upon the Disclosing Party’s
that party’s affiliates, employees, officers, directors, request, shall use commercially reasonable efforts, at the
partners, shareholders, agents, attorneys, third-party sole cost and expense of the Disclosing Party, to obtain
advisors, and consultants assurances from the applicable court or other presiding
authority that such Confidential Information will be afforded
(d) Compelled Disclosures. If the Receiving Party or any of its confidential treatment.
Representatives is required by applicable law, rule,
regulation, or legal, judicial, or administrative process to [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
disclose any Confidential Information then, to the extent
permitted thereby, the Receiving Party shall: (i) promptly
notify the Disclosing Party in writing of such requirement so

© 2021 FPrimeC Solutions Inc. | Page 47


This Agreement may be executed in counterpart with the same effect [Licensee] ____________________
as if all the parties to this Agreement had signed the same document.
Each counterpart is as valid and binding on all parties hereto as every Print Name _____________________
other counterpart, and all counterparts will be construed together and
will constitute one agreement. Furthermore, execution and delivery of Signature _____________________

this Agreement by facsimile transmission or by written electronic


communication will constitute execution and delivery respectively as
required by this Agreement.
FPrimeC Solutions Inc.

In witness whereof, the parties have caused this Agreement to be


executed and delivered by their respective, duly authorized
representatives as of the Effective Date.

© 2021 FPrimeC Solutions Inc. | Page 48


ATTACHMENT “A” ATTACHMENT “B”

ORDER & QUOTATION ANNUAL ONGOING SUBSCRIPTION FOR


SUPPORT SERVICES
See your Original Invoice
The following are the additional terms and conditions for annual
In witness whereof, the parties have caused this Oder & Quotation to ongoing maintenance and support services (the “Annual
be executed and delivered by their respective, duly authorized Maintenance”).
representatives as of the Effective Date.
The Licensee purchases the Annual Maintenance for the annual fee
[Licensee] ____________________ to be invoiced by the Licensor, and acknowledges and agrees that
the annual fee specified on the written Order & Quotation set out at
Print Name _____________________
Attachment “A” to this Agreement and executed between the
Licensor and the Licensee is the now current annual fee and may
Signature _____________________
change from year to year. Annual Maintenance is defined as and
limited to the following services: (1) correction of material defects in
the Software, and (2) providing upgrades, modified versions, or
FPrimeC Solutions Inc updates of the Software, including those required to ensure
compliance with the next version of [insert other enterprise
software that FPrimeC uses with the Software (“[ABC]”)],
Microsoft Excel, or hardware upgrades or OS upgrades supported by
[ABC]. It is acknowledged and agreed by and between the Licensor
and the Licensee that the Annual Maintenance is mandatory for the

© 2021 FPrimeC Solutions Inc. | Page 49


continued use of the Software beyond the initial twelve (12) month its services, the Licensor will then inform the Licensee that any
license of the Software. further services related to the problem, if offered and provided by the
Licensor, shall be charged at the Licensor’s then current rates for
Support services forming a part of the Annual Maintenance are time and materials services.
provided by the Licensor in response to the Licensee’s request(s) for
such services and not proactively. Support service requests may be
made by phone (________), Email (_________). All Support service
request-related communications will be conducted in English.

The Licensee shall provide the following information when making a


support service request:
- caller's name, location, company
- call-back telephone number (with voice mail, if available) or email
address
- scope of license for Software
- nature of the situation
- description/history of problem and Licensee's efforts to resolve it
(if any)
- Software access and diagnostic reports (if applicable)
- any other information reasonably required by the Licensor to
diagnose the problem.

The Licensor will call the call-back telephone number or email the
email address provided by the Licensee to acknowledge the report
of the problem, within a reasonable period of time, and will work
diligently to resolve the problem as soon as commercially possible.
If the Licensor determines that the problem is outside the scope of

© 2021 FPrimeC Solutions Inc. | Page 50


7. CONTACT INFORMATION NOTES

………………………………………………………………………………
HEAD OFFICE
………………………………………………………………………………
FPrimeC Solutions Inc. ………………………………………………………………………………
300 - 2 Simcoe St. S. ………………………………………………………………………………
Oshawa, Ontario, L1H 8C1 ………………………………………………………………………………
CANADA ………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
TECHNICAL SUPPORT: ………………………………………………………………………………
support@fprimec.com ………………………………………………………………………………
………………………………………………………………………………
Tel: +1 (647) 933-6633 ………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………

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© 2021 FPrimeC Solutions Inc. | Page 52

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