Thank you for agreeing to participate in RealPlayer’s private Beta Program. You have been invited to participate in this program in order to provide RealNetworks, Inc. with feedback on a pre-release version of RealPlayer which includes a people search feature (“Beta Version”). The Beta Version has yet to be publicly announced or commercially released. As a result, your participation in this program and use of the Beta Version is governed not only by the RealNetworks Terms of Service and Privacy Policy, but also by these important additional terms (“Agreement”). Please read this Agreement carefully and make sure that you understand all of your rights and obligations with respect to this program. By clicking the “Accept” box during installation, you represent you are 18 years of age or older, reside in the US, and agree to be bound by this Agreement.
Confidentiality
You agree to keep confidential the existence of the Beta Version and any features. This means that you agree not to disclose the Beta Version to any third party including your friends, your family, and the press. You agree not to publicly post or share screen shots of the product or to discuss its many cool new features with anyone other than RealNetworks, Inc. Please also take reasonable steps to prevent the Beta Version from being seen by others. Your obligations under this section will continue until a commercial version is announced or released by RealNetworks, Inc.
Limited Use
We are excited for you to try this Beta Version. Please remember that you are permitted to use the Beta Version for evaluation and testing purposes only. You have no other license to, or rights in, the Beta Version and your access to it will expire within 120 days.
Feedback
You may provide RealNetworks, Inc. with ideas, comments, suggestions or other feedback on the features and functionality of the Beta Version (“Feedback”). You agree that any Feedback you provide is done so voluntarily. You also hereby grant RealNetworks, Inc. a fully paid, perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferrable license to use your Feedback for any purpose including developing and improving RealNetworks, Inc. products, services and marketing, and to reproduce, publicly display, distribute, modify and perform the Feedback.
Consideration
You are using the Beta Version in the capacity of an independent contractor. Access to this Beta Version will be deemed your consideration for your testing and Feedback.
Intellectual Property Rights
All right, title and interest to all intellectual property with respect to the Beta Version, including that which may be or become protected by patent, copyright, trademark, trade secret or similar laws, will remain exclusively with RealNetworks, Inc.
People Search Feature
The Beta Version offers you the option to tag, search, and sort your videos using RealNetworks’ proprietary facial recognition technology. Once you enable it, the feature will use the facial recognition technology to identify, match, and tag people in your videos, enabling you to index files based on people, and to play back specific time segments in which those people are present. You may disable the feature at any time by using settings within RealPlayer, thereby deleting the tags and recognition data that are associated with the people search feature.
Pre-Release Software
The Beta Version is pre-release code and is not at the level of performance of a final commercial release. It may not operate correctly in all circumstances, it may contain bugs that may cause system or other failure and data loss, and is provided "AS IS" without warranty of any kind. RealNetworks, Inc. may choose not to release a commercial version.
Conflict
In the event of a conflict between the terms of this Agreement and the Terms of Service and Privacy Policy, the terms of this Agreement will control.