(1) An infringer who has acted neither intentionally nor negligently may make pecuniary compensation to the trade secret holder to avoid the claims under sections 6 or 7 if, by fulfilling the claims, the infringer would suffer a disproportionately great disadvantage and if pecuniary compensation appears appropriate.
(2) The amount of the pecuniary compensation is assessed in accordance with the remuneration that would be appropriate when granting contractual right of use. It may not exceed the amount corresponding to remuneration within the meaning of sentence 1 for the length of time during which the trade secret holder has a right to injunctive relief.