In this deliverable are the draft data sharing and usage agreement for BioFresh. The nature of the Data usage Agreement has been discussed profoundly since M9, date of the delivery of it. During the annual meeting in Monserrat, Spain (February, 21-24 2011) the executive board decided to join the Society for the Management of Electronic Biodiversity Data (SMEBD; www.smebd.eu). This will allow us to rely on SMEBD to resolve any pending intellectual property rights concerns. Currently, the process of joining SMEBD is ongoing and this agreement will be reviewed in collaboration with SMEBD later this year.