BETA – v9.0.3: BETA firmware is not recommended for use on commercial productions. REDmote Firmware v9.0.3 is compatible with camera Firmware v5.2.7 or later
RED FIRMWARE LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY: This Firmware License Agreement (“FLA”) is a legal agreement between you (either an individual or a single entity) and RED.COM, INC. (“RED”) for software owned by RED and its affiliated companies and its third party suppliers and licensors that accompanies this FLA, which includes software, documentation, interfaces, fonts and any data that comes with the Firmware and updates (“Software”). The Software is licensed, not sold, to you by RED for use only under the terms of this FLA. RED and its licensors retain ownership of the Software itself and reserve all rights not expressly granted to you.
1. GRANT OF LICENSE. RED grants you the following rights provided that you comply with all terms and conditions of this FLA: You are granted a limited, non-exclusive, non-transferable license to use the Software on a single RED Camera.
2. RESERVATION OF RIGHTS AND OWNERSHIP. RED and its licensors retain all right, title and interest in the Software and all copies thereof, including all copyright and other intellectual property rights. RED and its licensors reserves all rights not expressly granted to you in this FLA. The Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS. You agree that only RED has the right to enhance or otherwise modify the Software. You have no rights to any source code for the Software. You agree not to, or cause or permit, directly or indirectly the modification, disassembly, recompilation, or reverse engineering of the Software or any part thereto, or otherwise attempt to gain access to the source code to the Software. You agree not to create derivative works or cause or permit others, directly or indirectly to create derivative works based upon the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than once device. Under no circumstances shall you sell, license, sub-license, publish, and display, distribute, rent, lease, assign, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part.
4. CONSENT TO USE OF DATA. You agree that RED and its affiliates may collect, maintain, process, transmit, and use technical, diagnostic, usage and related information, including but not limited to information about your RED Camera, computer, system and application software, usage, content, and peripherals. RED may use the information to provide and improve RED’s products and services, including providing the information to RED’s licensors. RED may also provide the information to third party advertisers for the purpose of providing advertising statistics without identifying you personally. RED will not disclose this information in a form that personally identifies you.
5. UPDATES. RED and its licensors have no obligation to provide updates, bug fixes or error correction. If RED provides updates, such updates may be automatic and may delete or change the nature or features of the Software, including functions you may rely upon and you may lose data. You consent to updates by RED. Any updates shall be deemed and shall constitute part of the Software and the terms of this FLA apply to such updates.
6. SOFTWARE TRANSFER. You may not transfer this FLA or the rights to the Software granted herein to any third party without the written consent of RED. Prior to the transfer, the end user receiving the Software must agree to all the FLA terms.
7. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end user, end use, and destination restrictions issued by U.S. and other governments.
8. TERMINATION. This FLA is effective until terminated. Your rights under this License will terminate automatically without notice from RED if you fail to comply with any of the terms and conditions of this FLA. Upon termination of this FLA, you must cease all use of the Software and destroy all copies, full or partial, of the Software. The following Sections survive any termination of this FLA: Sections 2 – 4, 6 – 18.
9. CONTENT. The Software may be capable of being used by you to capture, store, process and use content by you and third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the Software only in compliance with such laws and agreements that apply to such content.
10. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use for hazardous environments or high risk activities requiring a fail-safe performance. You agree not to use the Software with activities in which the failure of the RED Camera could lead to death, personal injury, or severe physical or environmental damage. RED and its licensors specifically disclaim any express or implied warranty of fitness for high risk activities.
11. DISCLAIMER OF WARRANTY. You expressly acknowledge and agree that the use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind. RED AND ITS LICENSORS EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE SOFTWARE OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. RED AND ITS LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECT. FURTHERMORE, RED AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RED OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. RED and its licensors provide no warranty that any device, software or data will not be damaged by the Software.
12. LIMITATION OF LIABILITY. RED AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS SOFTWARE. RED AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED HARDWARE OR DEVICE, DOWN TIME AND USER’S DOWNTIME, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF RED’S AND ITS LICENSOR’S HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED’S OR ITS LICENSOR’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT BE GREATER THAN FIFTY U.S. DOLLARS ($50.00). YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. INDEMNIFICATION. You agree to defend, indemnify, and hold RED and its licensors harmless from and against any claim or lawsuits, including reasonable attorneys’ fees that arise or result from your use of the Software and/or from your breach of any of the terms of this FLA.
14. U.S. GOVERNMENT END USERS. The Software is licensed only with “restricted rights” and as “commercial items” consisting of “commercial software” and “commercial software documentation” with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. AS APPLICABLE: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE THE REMUNERATION TO (I) ENCODE VIDEO IN COMPLIANCE WITH AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.
16. GOVERNING LAW AND JURISDICTION. This FLA shall be governed by the laws of the State of California, without reference to it principles of conflicts of law. The parties consent to exclusive jurisdiction in Orange County, California for any dispute arising from the terms and conditions of this FLA. The parties waive their right to have an action under this FLA brought or tired elsewhere. The prevailing party in any action under this FLA shall be entitled to recover its reasonable attorneys’ fees in addition to any other damages or other awards ordered by the court.
17. THIRD PARTY BENEFICIARY. For all purposes of this FLA, each of the licensors of any of the Software shall be expressly deemed an intended third party beneficiary of this FLA and shall have the right to enforce the terms and conditions of this FLA.
18. ENTIRE AGREEMENT; SEVERABILITY. This FLA is the entire agreement between you and RED relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this FLA. If any provision of this FLA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The REDLINK™ Bridge Operation Guide explains how to use the REDLINK Bridge as an interface between a remote control app and your DSMC, as well as how to use it with the T.H.C. to control the focus and iris on Canon and Nikon lenses.
REDundead recovers R3D files from media with damaged filesystems or erased/formatted media. Installation guide is included in download.
RED DATA RECOVERY Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE RED SOFTWARE. BY USING THE RED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, CLICK “DISAGREE/DECLINE”.
This agreement is made and entered into as of the electronic acceptance click (CLICK AGREE), by and between Red.com, Inc. dba Red Digital Camera. (hereinafter “RED”), a Washington corporation with its principal place of business at 20291 Valencia Circle, Lake Forest, CA, and the end customer (hereinafter “Customer”) after the electronic acceptance click.
a. Grant. Subject to the terms of this Agreement, RED grants to the Customer a limited, non- exclusive, non-transferable license to install and use the RED Data Recovery Software (“Software” or “RED Software”) for the Customer’s business purposes only.
c. Data Liability: Customer agrees that Customer shall have sole responsibility and assumes all risks relating to backing up and protecting all data used in connection with the Software and the impact it may cause on data. Customer agrees to comply with copyright laws and will not use this Software with copyrighted material, unless the Customer has permission from the copyright owner. Customer agrees to hold RED and its officers, directors and employees harmless from any liability for hardware damage, data recovery loss or data loss due to the Software, and accepts full and complete responsibility. Further, Customer agrees to indemnify and hold RED harmless from any and all claims, damages or costs incurred, including reasonable attorneys’ fees, arising from any action or claim brought by a third party relating to Customer’s recovery or use of third party’s data.
d. Modifications; Reverse Engineering. The Customer agrees that, except as otherwise provided herein, only RED has the right to maintain, enhance or otherwise modify the RED Software. Customer will not reverse engineer the RED Software and will not permit any third party to reverse engineer the RED Software.
RED or its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the RED Software and any corrections, bug fixes, enhancements, updates or other modifications to the RED Software, created by RED (or its licensors). Customer acknowledges that the License granted under this Agreement does not provide Customer with title to or ownership of the RED Software, but only a right of limited use under the terms and conditions of this Agreement. Customer shall not take any action that would subject the RED Software to claims, liens or encumbrances. RED is under no obligation to provide any support under this Agreement, including upgrades, corrections, bug fixes, or enhancements to DVS, end users, or any other party.
3. Disclaimer of Warranty and Limitation of Liability.
a. Disclaimer of Warranty. RED licenses the RED Software to Customer on an “AS IS” basis and without warranty of any kind. RED DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE RED SOFTWARE, RED MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE RED IP OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
RED’s AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).
Nothing contained in this Agreement limits RED’s liability to Customer in the event of death or personal injury resulting from RED’s negligence or for the tort of deceit (fraud).
Customer agrees to defend, indemnify, and hold RED harmless from and against any claims or lawsuits, including reasonable attorneys’ fees, that arise or result from the use of the RED Software, provided that RED gives Customer prompt written notice of any such claims, tenders to Customer the defense or settlement of such a claim at Customer’s expense, and reasonably cooperates with Customer, at Customer’s expense, in defending or settling such claim.
5. Term and Termination.
a. Term. This Agreement and the License granted hereunder shall continue in perpetuity unless terminated as set forth in this Section 5.
b. Termination. Either party shall have the right to terminate this Agreement and the License granted herein in the event: (i) the other party fails to comply with any of the terms and conditions of this Agreement and such default has not been cured within thirty (30) days after written notice to the other party; (ii) the other party (A) terminates or suspends its business, (B) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute, © becomes insolvent or subject to direct control by a trustee, receiver or similar authority, or (D) has closed or liquidated, voluntarily or otherwise, and such action or proceeding (as listed in (A) – (D)) has not been reversed or dismissed within sixty (60) days; or (iii) upon 60 day written notice by either party without cause
c. Effect of Termination. The obligations of RED and the Customer in Sections 1 (except for Section 1(a), 2, 3, 4, 5 and 6 shall survive termination of this Agreement. Within five (5) days after termination of this Agreement, the Customer shall return to RED or destroy, at Customer’s expense, the RED Software and Documentation, including all copies thereof (other than back-up copies made in the ordinary course of the Customer’s back- up procedures, which shall not be used in contravention of this Agreement), and deliver to RED a certification in writing and signed by an officer of the Customer that the RED Software and all copies thereof have been returned or destroyed. Nothing contained herein limits any other remedies that RED or the Customer may have for a default by the other party, nor relieve either party of any of its obligations incurred prior to such termination.
a. Assignment. All the terms and provisions of this Agreement are binding for the benefit of the parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. The Customer shall not, without RED’s prior written consent, assign or otherwise transfer the RED Software or this Agreement to anyone, including any third party, except as part of the sale of all or any portion of the Customer’s business pursuant to any merger, consolidation or reorganization. RED is entitled to assign this Agreement to a successor of all or substantially all of its relevant assets without restriction.
b. Entire Agreement. This Agreement represents the entire agreement between the parties, and supersedes all prior agreements and understandings with respect to the matters covered herein. This Agreement may only be amended by a written agreement signed by both parties. The Customer agrees that it has not entered into this Agreement based on any representations other than those contained herein.
c. Delays. Neither party shall be in default for a failure to fulfill its obligations under this Agreement due to a cause or causes beyond its reasonable control.
d. Law Governing and Jurisdiction. This Agreement shall in all respects be governed by the laws of the State of California, without reference to its principles of conflicts of laws. Exclusive jurisdiction for any dispute arising from the terms and conditions of this Agreement shall be Orange County, California.
e. Severability. If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.
f. Waiver. The waiver of one breach or default, or any delay in exercising any rights, shall not constitute a waiver of any subsequent breach or default.
g. Notices. All notices permitted or required under this Agreement shall be in writing and shall be delivered in person or mailed by first class, email, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice is deemed to have been given upon receipt.
h. U.S. Government Restricted Rights. If this Software is being licensed by the U.S. Government, the RED Software and related documentation is commercial computer software and documentation developed exclusively at private expense; and (a) if acquired by or on behalf of a civilian agency, shall be subject to the terms of this computer software license as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense (“DOD”) shall be subject to the terms of this commercial computer software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors.Export Law Assurances. The Customer understands that the RED Software and Documentation are subject to export control laws and regulations.
CUSTOMER MAY NOT DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT THE RED SOFTWARE, THE DOCUMENTATION, ANY UNDERLYING INFORMATION OR TECHNOLOGY EXCEPT IN FULL COMPLIANCE WITH ALL UNITED STATES AND OTHER APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, BUT WITHOUT LIMITATION, NONE OF THE RED SOFTWARE, THE DOCUMENTATION, ANY UNDERLYING INFORMATION OR TECHNOLOGY MAY BE DOWNLOADED OR OTHERWISE EXPORTED OR RE- EXPORTED: (i) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN OR SYRIA; OR (ii) TO ANYONE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENIAL ORDERS. THE CUSTOMER HEREBY AGREES TO THE FOREGOING AND REPRESENTS AND WARRANTS THAT THE CUSTOMER IS NOT LOCATED IN, OR UNDER CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY, OR ON ANY SUCH LIST.
j. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.