The Project Gutenberg eBook of On advance of time This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. Title: On advance of time Author: George Keyports Brady Release date: November 27, 2025 [eBook #77344] Language: English Original publication: New York, NY: The Frank A. Munsey Company, 1925 Credits: Roger Frank and Sue Clark *** START OF THE PROJECT GUTENBERG EBOOK ON ADVANCE OF TIME *** ON ADVANCE OF TIME By George Keyports Brady “Again I ask you, Elsie Macumber, will you marry me?” “Me, Elsie Macumber, the daughter of a full time engineer on the Pennsy railroad, marry the likes of you, Sam Dobinski? You what’s only a hostler down at the round house! Isn’t it fine nerve you’re possessin’.” “Because I’m a hostler y’ won’t marry me, eh?” Dobinski punctuated his sentence with a large stream of tobacco juice, as if he wanted to lay all the dust about the signal tower where they were standing. “Because you got fine black hair and pretty black eyes and a hell of a pride you won’t marry a Polack like me. Because you got a pretty face you think you can marry any man on the division, and so you snaps your fingers at a hostler. Tell me once, what was your father when he first went to work on this line?” “No, Sammy, you’re a hostler. That’s bad enough, but it ain’t the real reason I won’t marry y’. It’s because I don’t love you, that’s what. I would marry the devil, or even a hostler if I was sure I loved him, but if I was dead sure I didn’t love him I wouldn’t marry the guardian angel of Saint Peter, if he was t’ ask me for me heart and hand, and offer me a crown of glory t’ boot. ’Tain’t pride, Sam Dobinski. It’s just me.” “It’s five times I’ve asked you, and----” “And if it was fifty times I’d still be sayin’ no, just as I do now. You better stick to that little Duch girl, Marie Gross, that I saw you cuddlin’ down in the park th’ other evening. The man I love has got to be taller than I am, and brave. Y’ ain’t neither.” “Y’ say I’m not brave, eh?” Sam flushed to the roots of his hair, although his reaction was nearly obscured by his coat of grease and soot. His beady eyes narrowed down the dangerous slits, and the hammer he held in his hand swung dangerously back and forth. “What for do you say that?” “You know why, Sam Dobinski. Last Saturday you let that young wop dare y’ to be seen again with Marie, an’ y’ didn’t knock his teeth out then and there. And here it is Wednesday an’ you ain’t had a date with her since, an’ what’s more y’ ain’t even asked her for one. She told me so herself. So be off with y’ now, and don’t ask me no more.” A heavy freight, headed out of Toledo for Mansfield, Ohio, came slowly along the track, and as it passed Elsie handed a dinner pail up to one of the brakemen who boarded with her family. Sam, who had been waiting for clearance on this track in order to drive a free engine down to the round house, climbed deliberately up into the cab, but his blood was boiling furiously. Elsie, with the long free stride of a big strong girl who has never learned the art of “cultured” walking, swung round the tender of the engine, and started across lots toward the high road. As she did so, Sam grasped the throttle and gave it a vicious jerk. There was a snort of steam hissing through the valves, as the huge drivers slipped swiftly on the rails, unable to get traction so suddenly. Instead of easing up on the steam pressure, Sam Dobinski, furiously opening the sand pipes, poured sand on the rails. The huge drivers, hissing and screeching, tried to take hold, but went on spinning ineffectually. Elsie, hearing the racket, glanced back over her shoulder, and remarked to herself, “The blame fool, treatin’ a perfectly good engine like that just because a woman tells him the truth about himself!” Then she continued along her path, ruminating as she went. “Imagine me, a strappin’ big Irish lass, married t’ a little runt of a Polack like Sam. Just picture the census taker a-comin’ to the door. ‘Sure now, and who are you that lives here,’ says he, polite like a raisin’ of his hat. And lookin’ at the likes o’ me he expects t’ hear a good soundin’ name that reeks o’ the Emerald Isle, somethin’ like--well, just for fun let’s say Mrs. Patrick O’Hara.” If a certain young giant of a brakemen on the Toledo division had heard that last observation he would have made the fur fly proposing to Elsie Macumber. But then if he had been there the remark would never have been made. Perhaps it was the fact that she had a date with Patrick for that evening that put his name in her mind, and there may have been a bit more to it than that. “But instead of sayin’ Mrs. Patrick O’Hara,” Elsie said to herself, “I blushes an’ says, Mrs. Sam Dobinski. Then the census man gets even more polite because he thinks sure I’m lyin’ to him, but he writes the name in the book because it’s his business to record souls and not to save them. ‘And how many little Dobinski’s be there,’ he says. ‘Fourteen,’ says I, feelin’ a wee bit embarrassed.” Elsie burst into a roar of laughter at the idea of herself as the mother of children named Dobinski, and continued across the lots, wondering how long it would be before Patrick O’Hara would have nerve enough to--well, to stop hesitating and get down to the business of buying a ring for her. “If the great big handsome ox weren’t such a bashful, blushin’ thing, I could have lined him up weeks ago.” Meanwhile Dobinski recovered sufficiently from his wrath to realize that he was abusing one of Mr. Baldwin’s best locomotives. He curtailed the steam until the drivers began to behave themselves as their inventor intended they should, and the engine moved smoothly off down the siding, crossed over onto the now vacated down track, and proceeded toward the round house. When Dobinski put the engine in its stall he went about his customary duties, but his fellow workmen declared he swore even more viciously than usual, and they observed that he barked his knuckles by giving an extra hard jerk on a nut he was tightening. Finally they saw him pick up his hammer and walk deliberately across the round house to a pit where a young Italian was working, and without any warning he fell upon his victim so viciously that the man had to be carried to the hospital for facial repairs. Only the timely interference of the workmen prevented Dobinski from killing the fellow with the hammer. In the language of the round house “the runt Polack was in one hell of a rage.” At noon, when Dobinski went off duty, instead of going to the “hash house” for grub, he proceeded to get royally drunk, and during the process gave public vent to uncomplimentary remarks about “that damned stuck up Macumber girl.” By the time his companions carried him to his room Dobinski was in a fine mood to commit murder. II. In the small hours of the morning the next day the Pittsburgh-Detroit Express, running on a seven hour schedule, drew into Mansfield, one hour behind time. Heavy weather on the first part of the run, had slowed the train down and forced Macumber, the engineer, to lose time. At Mansfield the station master handed him an “advance of time” order, which meant that Macumber was to do his best to make up the lost hour, so that the crack express train could live up to its reputation for arriving on time in Detroit. Under such an order the engineer knew he would have clear track all the way, that all the block signals would flash “green eyes” at him as his train roared past. Once out of Mansfield, Macumber opened up the throttle. For fifteen years he had made this run, and he knew every mile of the track thoroughly, knew just how much time he dared to make every inch of the way. He sat with his hand on the throttle and watched the steam gage climb, while the fireman worked furiously keeping up the pressure. At every mile Macumber glanced at the block signals to be sure of his clearance ahead, although his orders practically assured him that his track was clear. The white lights of one small town after another flashed into view, and quickly faded away in the rear of the on-rushing train. Sixty miles an hour the gage registered, and then slowly climbed to sixty-five, and still more slowly crept up toward seventy. Passengers, asleep in their berths, woke up under the swift motion, and the more accustomed ones congratulated themselves on the fine time the train was making. Some, not so anxious for speed, lay nervously awake and worried over the furious pace, while the train plunged on through the gradually graying dawn towards Toledo, its first scheduled stop. At five o’clock the train flashed past the Walbridge block that marks the entrance to the Toledo yards. A heavy fog hung low over the Maumee valley, making sight ahead impossible beyond a very short range. Half way up the yards on the down track, waiting for clearance papers from the yard master, stood the early freight headed for Pittsburgh. Patrick O’Hara, the brakeman on this train, had walked forward to talk to the engineer until the train was ready to pull out. Both men heard the shriek of the whistle on the express as the train plunged through the yards. “He’s making sixty, and all the time I’ve been on the road,” declared O’Hara, “I’ve never known him to go through the yards a mile above forty.” “You’re allowed all the tracks will stand on an advance of time order,” replied his companion, “but I’d hate to be making that speed through all these switches.” They both stared ahead into the fog to see the express shoot into view. At that instant, and much to his amazement, O’Hara thought he saw a free engine moving slowly along a switch track parallel with the up track along which the express was advancing. He knew the siding ran out onto the main not twenty yards ahead of the place where he was standing. He calculated the speed of both the engine and the express and realized that the free engine would arrive on the main not very far in advance of the express, and too close to the express to allow time for stopping before a collision occurred. He spoke to the freight engineer about it, but the man assured him that the up track switch signal showed a green eye, which meant that the derail on the siding would prevent anything from arriving on the main ahead of the express. But in spite of this assurance, O’Hara continued to strain his eyes as he gazed into the heavy fog ahead and watched the ghostly form of the free engine creeping over the rails. Then he heard an ominous click which he instantly recognized as the lifting of the hand control of the derailing device. Visibility was so low, due to the dense fog, that he could not distinguish the person who lifted the derailer. Was it possible the infernal fool did not know the express was thundering along the up track at that very instant? Everybody in the yard had been discussing the speed which constant telegraphic reports indicated Macumber to be making. Yet here was some stupid hostler letting a free engine out onto the main at a moment when a wreck would be inevitable. There was no doubt about the derailer having been lifted, because the free engine, without a pilot, glided out onto the up-track. The freight engineer turned pale as he realized what was about to happen. “God help the express,” he muttered to himself. The express could be heard rushing up the track at a speed only possible under advance of time orders. Otherwise an experienced and trusted engineer would have been proceeding more cautiously through the yards. A wreck appeared absolutely certain. In an instant O’Hara realized that there was but one possibility of escaping it, and that was very slim. Without taking time to think of the awful risk he was taking, he jumped down from the cab, where he was watching, and ran impulsively toward the engine as it glided onto the open track. He bounded onto the catcher, clambered madly up to the rail, and raced wildly along the boiler to the cab. Whether the engine had up a full head of steam, he did not know, but in that respect luck was with him, as he saw by a glance at the gage. He clutched at the throttle, with the roar of the advancing express in his ears, but not being an experienced engineer he lost a precious moment by pulling the throttle too far open, so that the drivers began to fly on the rails in spite of the fact that the engine already had some headway. Realizing his error instantly, he shut off part of the steam and began frantically to pour sand on the track. Behind O’Hara sat Macumber at the throttle of his engine. Secure in the evidence of clearance which the succession of green signal lights gave him, he was plunging along at top speed. Suddenly in the fog ahead of him he saw the form of the free engine looming up. At first he could not realize the awful possibility as a reality; for a moment because of the strain on his eyes from looking into the fog, he thought he must be seeing things, but in the next instant he saw that a wreck was almost a certainty. Instinctively he applied the brakes, but even in the act of doing so he knew that stopping was impossible in such a short distance. He thought of the lives at stake in the cars behind him, and recognized that there was danger of throwing the train off the track if the brakes went on too suddenly at the speed he was traveling. However, he had no time to reason about it, and as there was nothing else to do he threw the air valve wide open. The wheels screeched as the brakes locked and forced them to skid on the rails. For an instant Macumber released the brakes to relieve the strain, then locked them again. The huge iron monster shuddered and groaned under the torture of the strain, but it had been built strong and true, and in spite of everything it held to the rails, while sparks flew from the heated wheels in showers. Still, to stop so much momentum in such a short space seemed out of the question. The express continued to close up the short remaining gap between it and the engine ahead. Macumber closed his eyes helplessly for what he thought was to be the moment of the crash, and as he did so muttered to himself: “Where did this engine come from, anyway?” III. Standing back of the yards, hidden by the depth of the fog, and waiting for the crash that he hoped would put an end to the father of Elsie, stood the drunken-eyed hostler, Sam Dobinski. He had gone on duty that morning as usual at four o’clock, and, like all the rest of the men, he had heard of the speed the Pittsburgh-Detroit express was making. He was still infuriated by the fact that Elsie had called him a coward the day before, and his enraged brain, excited by liquor, conceived the fiendish idea of taking revenge on the father of the girl. That his plan involved the lives of others did not trouble him in the least. He waited until all were busy about the roundhouse, then he prepared the freight engine it was his business to take out each morning. He got up steam, and at the proper moment started the engine out of the roundhouse. Since he was performing a regular duty, nobody noticed that he ran the engine out onto a track that led directly down to the main. When he heard the express whistle as it entered the Walbridge block, he gave his engine a small head of steam, jumped off, and, running ahead of it, lifted by hand the derail, which he knew had already been set from the signal tower. On a clear morning his operations would have been detected quickly enough to prevent damage, but under cover of the heavy fog his plans worked to perfection as far as his part was concerned. He had not thought it possible for anybody on the down freight to mount his free engine and get it under way in time to prevent a collision. But at the risk of his life Patrick O’Hara had attempted what the freight engineer swore could only have been accomplished by “a confounded brave man or a fool.” Patrick stood at his throttle doing his best to hasten the pick-up on his engine, but as he glanced back over his shoulder he saw that the express was closing in on him in spite of everything he could do. The two engines closed up the gap between them until there was scarcely a yard left, then the drivers of Patrick’s engine took hold solidly and his locomotive shot off down the track and began to draw away from the slowing express. At the moment when the two engines were closest together Macumber had closed his eyes as he stood at the throttle. He waited there, rigid, for what seemed to him an age, until he heard the terrific blast of the whistle on the engine ahead, and opened his eyes to realize that by a miracle a wreck had been averted. Slowly he released his brakes and crept after the free engine, until a couple of hundred yards farther down the track they both came to a halt. In the confusion of the moment nobody noticed Sam Dobinski, thoroughly sobered by what he then realized he had attempted, and what would happen to him if he were caught, make his escape by slipping away under cover of the fog. Macumber climbed down from his cab, and there was wrath in his heart. Convinced that some dirty hostler was responsible for the affair, he advanced toward the engine, expressing himself freely and resolved to take vengeance without waiting for due process of law. His grizzly jaw dropped when he saw O’Hara climbing down out of the cab to greet him. He knew by all that was holy that Patrick had no business to be there. “What the devil be y’ doin’ there, O’Hara?” he called. “I’m after doin’ y’ a good turn by keepin’ this free engine out o’ your reach, is all.” When passengers began climbing out of the coaches to learn the trouble, and the situation was explained, O’Hara found himself a hero, a situation to which the bashful but burly Irishman was not accustomed. Without waiting for formal permission to depart, he dodged around the end of the engine and started back up the track, calling to Macumber to have some yard man take care of the free engine. “And, Macumber,” he added, “use your influence with Elsie to do me a favor some time.” Macumber climbed back up into the cab and muttered to himself: “A funny man, that Patrick O’Hara, riskin’ his neck one minute and the next admittin’ he’s afraid of a woman.” Two days later when Macumber had his time off, he was sitting at home in the evening on the front porch. Like all grizzly Irishmen, he had on loud socks and no shoes, and his feet were perched up on the porch rail, waving bold defiance at every son of England that passed along the street. From his virulent pipe the fumes of strong tobacco rose contentedly on the evening air. The huge Patrick came bashfully up the street, looking like a big overgrown kid that was just about to take in his first dancing party, he was that dressed up, sporting a red tie and the proper equipment to go with it. Under his arm there was tucked a small box of candy. “Good evenin’ to you, Mr. Macumber,” he said, while still advancing up the front walk. Macumber, who was a right deliberate sort of a man, carefully removed his pipe from his mouth and thoughtfully spit over the rail of the porch before he replied: “An’ t’ you, also, Mr. O’Hara. Have they caught the runt Polack yet?” “They have not, Mr. Macumber. It’s a great mystery to me why he did it, and it’s a nice pleasant evenin’, isn’t it?” Pat was trying vainly to conceal the candy box under his hat, but with small success. Macumber realized they were both talking to kill time. He carefully wiggled his toes in his socks, and regarded those flaming garments meditatively before he finally broke into speech. “Patrick O’Hara, y’ are a big, strong man, and a devil of a brave one to do what y’ did t’other day, but ye are one hell of a coward when it comes to the wimmen. I have did y’ the favor y’ asked th’ other day, and have used me influence with Elsie, but you are the only man living that could get me to propose t’ me own daughter for him. Get your big, handsome self into the parlor and take her. She is expectin’ y’ with considerable impatience.” [Transcriber’s Note: This story appeared in the December 19, 1925 issue of _Argosy All-Story Weekly_ magazine.] *** END OF THE PROJECT GUTENBERG EBOOK ON ADVANCE OF TIME *** Updated editions will replace the previous one—the old editions will be renamed. Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution. START: FULL LICENSE THE FULL PROJECT GUTENBERG LICENSE PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license. Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works 1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8. 1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below. 1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others. 1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States. 1.E. Unless you have removed all references to Project Gutenberg: 1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed: This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. 1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9. 1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work. 1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™. 1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License. 1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1. 1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9. 1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that: • You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.” • You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works. • You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work. • You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works. 1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below. 1.F. 1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. 1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. 1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem. 1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. 1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions. 1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause. Section 2. Information about the Mission of Project Gutenberg™ Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life. Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org. Section 3. Information about the Project Gutenberg Literary Archive Foundation The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws. The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS. The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate. While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate. International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff. Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate. Section 5. General Information About Project Gutenberg™ electronic works Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support. Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition. Most people start at our website which has the main PG search facility: www.gutenberg.org. This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.