To download the ROSS system, please read through the License Agreement below, then click on 'DOWNLOAD' at the bottom of this page and follow the steps.
Thank you.

THE ROSS SYSTEM LICENSE AGREEMENT (“Agreement”)

IMPORTANT: PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING OR USING ANY PART OF THE ROSS SYSTEM (“SOFTWARE”). INSTALLATION, USE OR RETENTION OF ANY OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

If you do not accept or agree with the provisions of Agreement, you must not install, use or retain any part of the Software. 1. Definitions The following definitions apply in this Agreement: 1.1. “Fees” means the fees payable by you to us in connection with your use of the Software. 1.2. “Software” means the Ross System and also includes any associated programs, files, libraries and documentation (including any on-line documentation) which we elect to provide or make available to you. The ROSS system is comprised of two components. The component that you download and install on your computer is referred to as the ROSS interface. The second component which is housed on a server owned by us or operated on our behalf is referred to as the ROSS datamine. 1.3. “we”, “us” and “our” means Zarloc Pty Ltd (ACN 105 389 973) of 2 Shelter Court Aberfoyle Park South Australia Australia; and 1.4. “you” or “your” means the entity who or which downloads or uses any part of the Software. Where a person downloads any part of the Software for use by another entity, then the person downloading the Software must identify that other entity at the time of downloading and references to “you” or “your” include that other entity and its officers and employees. 2. Evaluation licence If we have granted you an evaluation licence which permits your use of the Software without payment of Fees, you must nevertheless comply with all the provisions of this Agreement. You acknowledge that an evaluation licence is for a limited duration and that if you do not convert the evaluation licence to a full licence, then you may lose the ability to access and use data input in connection with your use of the Software. We will endeavour to notify you prior to the expiration of any evaluation licence period and you will then have the opportunity to purchase a full licence or to allow your evaluation licence to lapse. You must not attempt to access and use any part of the Software following the expiry of an evaluation licence unless you have paid the Fees applicable to a full licence. 3. Use of Software Upon payment of the applicable Fees to us, we grant you a personal, non-exclusive, non-transferable licence permitting you to use the Software for your internal business purposes. In order to use the Software, you will need to download and install the ROSS interface on your computer and obtain a password from us enabling you to use the ROSS interface to access the ROSS datamine using the internet. Subject to payment of the applicable Fee (one time licence fee) you will be entitled to download and install as many copies of Ross interface component of the Software as you require for your internal use of the Software in accordance with the provisions of this Agreement. Data processing is done on our server and all data entered by you, is immediately saved on our server. You will retain ownership of your data. We will have the capability to view your data but we will not intentionally view data except as reasonably required in connection with our provision of technical support, determination of billing amounts, or verification or investigation of issues relating to security. We will comply with the requirements of the Privacy Act 1988 with respect to any use of your data. If agreed by us in writing, we will also comply with your additional privacy policies. We will take reasonable measure to prevent unauthorised access to your data. You are responsible for procuring all associated items required for such access and use at your own expense including your own hardware, operating system software, web browser, connection to the internet and internet services. Without limitation, you acknowledge that reports are displayed using Adobe(R) Reader(R) and that you must install and download the appropriate version of Adobe(R) Reader(R) from the Adobe(TM) website in order to open and read these reports. Your use of Adobe(R) Reader(R) is subject to its terms and conditions of use and we take no responsibility for any errors (either software or documentation) resulting from your use or attempted use of Adobe(R) Reader(R). 4. Details of licence The Software is password protected and an evaluation password will only permit your use of the Software in accordance with evaluation restrictions. You may only use the Software if you have validly obtained and correctly input the necessary password from us. You must not attempt to decode or circumvent the password protection of the Software or remove any copyright or Software protection statements embedded in the Software. You must take reasonable precautions to keep your password secret and must not cause or permit your password to be disclosed or used by any other individual. You are not permitted to sublicence or assign this Agreement or the licence to use the Software. You acquire no rights to use or access the source code associated with the Software. You may make additional copies of the Software solely for the purpose of back up. You must not (a) reverse engineer, reverse assemble or disassemble, reverse compile or de-compile, decode, modify, or create derivative works of the Software or attempt to ascertain the source code of the Software by any means; or (b) cause or permit use the Software in or for any other company or other legal entity or lease, loan, rent, sub-license, distribute, broadcast or permit the further download by third parties of any part of the Software or include any part of the Software in other compilations of software. You agree (a) the Software is a valuable asset of ours and is supplied to you on a restricted and confidential basis; (b) the Software will be kept secret and confidential by you at all times; (c) all copyright in the Software and all our other software (including files, libraries and documentation) is retained by us and title to the copy of the Software which is downloaded by you and to any copies, reproductions, adaptations, enhancements or translations made of the Software and any interfaces with the Software is also retained by us and to the extent necessary you hereby assign intellectual property rights in same to us; (d) to reproduce and include the copyright notice and any other legend specified by us on any copies of the Software you make; (e) at all times to take reasonable steps to protect the Software from unauthorised access and use; (f) to give us notice of any infringement of copyright or any of our rights which comes to your attention; and (g) before disposing of any media, to ensure any of the Software contained on it has been erased or destroyed. 5. Fees Except to the extent your use of Software is permitted under an evaluation licence, you must not access or use or retain any part of the Software unless you have paid all Fees applicable to such access and use. Except to the extent we expressly agree to some other arrangements in writing, the Fees payable to us include a one-time licence fee and a periodic data processing fee. The payment terms for Fees are specified on request. If you fail to pay any Fees within 30 days after the due date, then without limiting our other remedies we may suspend you access to and use of the Software and we may require you to pay interest on the overdue amount, calculated at the percentage rate charged by our bank from time to time on an overdraft of $100,000 plus 2% (for example, if the bank rate was 8%, we will charge 10%). A letter from our bank will be conclusive evidence of the applicable interest rate(s). 6. Refund policy If you notify us in writing within 14 days after your initial payment of Fees that you do not wish to and will not use the Software then, providing you have not logged on or used the Software, we will refund the Fees paid. 7. Availability of the Software We may host the ROSS datamine component of the Software on our own hardware or may arrange for a third party to provide hosting services for us. You acknowledge that your ability to access and use the ROSS datamine component of the Software is dependent on many factors beyond our control including the operation and performance of your own computer equipment, your communications infrastructure, ISP arrangements and telecommunications networks. We accept no liability for any interruption or unavailability of the ROSS datamine component of the Software (regardless of the cause) but where possible we will (a) schedule planned maintenance activities so as to minimise interruption or interference with your use of the Software; and (b) give advance notice of planned maintenance activities which will impact your access to and use of the Software. 8. Support, Upgrades and Additional Services If we have agreed in writing to provide you with technical support for the use of the Software, we will rectify defects in the Software. A "defect" arises if the Software is not working as specified in our user documentation. To gain defect support you agree to provide us with particulars of the defect in a format specified by us and to provide us with any required assistance in the diagnosis of the defect. Provided we can reproduce the reported defect in an operating environment we consider suitable, we will issue at our discretion one or more of the following remedies: (i) a defect correction; (ii) a by pass which temporarily or permanently provides an alternative similar function; or (iii) a restriction which temporarily or permanently revokes the use of a function. We may arrange for a contractor to provide technical support. Technical support is only available for the current standard release of the Software at any time and for the immediate prior standard release for a period of six (6) months after the date the current standard release is made generally available by us. Without limitation, defect support does not cover altered Software, improper use of the Software, failure to comply with any of our recommendations or requirements including any requests for assistance, use of the Software with equipment or third parties' programs or services other than those approved by us, or supplying information available through training or in the user documentation. If services are provided and we reasonably conclude that they are not covered by defect support, then you must pay for those services at the rates specified by us from time to time. Our current rates are displayed on our website. Any services we agree to provide will be performed by suitably skilled personnel or contractors in accordance with reasonable professional standards. We will endeavour to provide services in accordance with any agreed time frame but will not be responsible for any delay or interruption in our provision of any services. Unless we have agreed to provide services for a fixed price, any estimate of costs we provide will be calculated in good faith but will not be binding. We may elect at our sole discretion to provide upgrades from time to time. All upgrades are subject to the terms of this agreement. You may cease to be able to access and use the ROSS datamine component of the Software if you fail to download and install upgrades of the ROSS interface when we make them available. 9. Discontinuance and Termination of Licence You may terminate this Agreement at any time on 30 days written notice to us. Data processing fees will be payable up until the date that the termination takes effect. You will not be entitled to any refund of licence fees or any other Fees you have paid. This Agreement will terminate immediately without further notice to you if you fail to remedy any breach of this Agreement within 14 days after receipt of written notice requiring the breach to be remedied. On termination of this Agreement you must delete all copies of the Software and provide us with a certification that you have done so. The termination of this Agreement will be without prejudice to any rights which we may have. Upon termination of this Agreement by us for whatever cause, we are discharged and released from all obligations under this Agreement. Your obligations of confidentiality and non disclosure specified in this Agreement will survive the termination of this Agreement and you must continue to comply with those obligations notwithstanding the termination. 10. Limited warranty and disclaimer We warrant that we have the right and authority to grant a licence to use the Software and that the Software, when used in an operating environment approved by us, conforms as nearly as practicable to its published specifications. We will use reasonable endeavours to deliver Software, provide passwords and provide any services to you within agreed time frames but we shall not be liable for any delay in the provision of services arising from events of force majeure or any other cause whatsoever. Some laws (such as the Trade Practices Act) imply conditions and warranties into certain contracts. Some laws do not allow those contracts to exclude, modify or restrict those implied terms (“non-excludable terms”). These conditions are limited so that they do not exclude, restrict or modify those non-excludable terms. To the extent permitted by law, our liability for breach of any non-excludable terms is limited, in our discretion, to re-supplying the software or services or paying you the cost of re-supply. SUBJECT TO THE ABOVE WARRANTIES AND THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SOFTWARE AND ANY SERVICES WILL SATISFY YOUR REQUIREMENTS. If circumstances arise where you are entitled to claim damages from us or any other party involved in the supply, support and maintenance of the Software or the provision of services relating to the Software (a “relevant party”), then notwithstanding the other provisions of this Licence, our liability (and the liability of any other relevant party) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim including, without limitation, negligence) is limited to the lesser of (a) the amount of any actual direct loss or damage which you sustain; (b) the amount of the Fees paid by you in the preceding 12 months; and (c) our cost of replacing or repairing any defective Software. We are not liable for losses or damages of third parties claimed against you caused by our negligence. In no event will we be liable for actual or anticipated lost profits, lost savings, lost or damaged data or any incidental or consequential damages even if we have been advised of the possibility of such damages. 11. Additional Terms Neither party is responsible for failure to fulfil any obligation due to causes beyond their control. Due to the on going nature of these provisions, we may vary them by giving you at least one months notice in writing before the variation takes effect and you may terminate the Agreement before the variation takes effect. If any provision of this Agreement is found to be invalid, unenforceable or illegal, then that provision will be deemed to be deleted to the extent necessary to remove the invalid, unenforceable or illegal portion and the balance of this Agreement will remain binding. You agree that this is the complete and exclusive statement of the agreement between you and us and that it supersedes all proposals or prior agreements, oral or written, and all other communications between all parties relating to the subject matter of this Agreement. This Agreement is made in accordance with, and is subject to, the laws of South Australia. You irrevocably agree to submit all disputes arising in connection with this Agreement to the jurisdiction of the South Australian courts.

Updated 7th Dec 2008

Downloading and installing

1. Download the ROSS system (~8.5 MB) and save it to your desktop.
2. Double click on the setup file.
3. To continue with the install agree to the terms and conditions.
4. Then select 'Install'.
5. Once the install is completed there will be a 'ROSS' icon on your desktop.
6. Double click on the 'ROSS' icon and then enter your username and password. (If you don't have a username, you can drop us an email)
7. Congratulations you have now completed the install and logged into the ROSS system.

Additional software
To view and print roster reports you will need to install a pdf reader.

We suggest that you do one of the following:

• Use the latest version of Adobe® Reader for your operating system.
• You could also use an open source alternative pdf reader
• Use version 7 of Adobe® Reader for Windows XP