DJI Enterprise/DJI Industrial LLC 11/12/2021

of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and DJI agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. 8.General. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and DJI regarding your use of the Product. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that,nor will a waiver by us of any breach or default of these Terms,or any provision of these Terms,be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible,and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 3-9 of these Product Terms will survive, as will any other provisions specified as surviving the termination of the DJI Go Terms,Mobile SDK terms,the DJI Store Terms of Use, the DJI Privacy Policy, and any other applicable terms and conditions in such agreements. 9. Dispute Resolution and Arbitration 9.1. Generally. In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, you and DJI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court.Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DJI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 9.2. Exceptions. Despite the provisions of Section 9.1, nothing in these Terms will be