The Project Gutenberg EBook of The Damned Thing, by Ambrose Bierce
This eBook is for the use of anyone anywhere 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
Title: The Damned Thing
1898, From "In the Midst of Life"
Author: Ambrose Bierce
Release Date: October 24, 2007 [EBook #23172]
Last Updated: January 9, 2013
Language: English
Character set encoding: ASCII
*** START OF THIS PROJECT GUTENBERG EBOOK THE DAMNED THING ***
Produced by David Widger
By THE light of a tallow candle, which had been placed on one end of a rough table, a man was reading something written in a book. It was an old account book, greatly worn; and the writing was not, apparently, very legible, for the man sometimes held the page close to the flame of the candle to get a stronger light upon it. The shadow of the book would then throw into obscurity a half of the room, darkening a number of faces and figures; for besides the reader, eight other men were present. Seven of them sat against the rough log walls, silent and motionless, and, the room being small, not very far from the table. By extending an arm any one of them could have touched the eighth man, who lay on the table, face upward, partly covered by a sheet, his arms at his sides. He was dead.
The man with the book was not reading aloud, and no one spoke; all seemed to be waiting for something to occur; the dead man only was without expectation. From the blank darkness outside came in, through the aperture that served for a window, all the ever unfamiliar noises of night in the wilderness—the long, nameless note of a distant coyote; the stilly pulsing thrill of tireless insects in trees; strange cries of night birds, so different from those of the birds of day; the drone of great blundering beetles, and all that mysterious chorus of small sounds that seem always to have been but half heard when they have suddenly ceased, as if conscious of an indiscretion. But nothing of all this was noted in that company; its members were not overmuch addicted to idle interest in matters of no practical importance; that was obvious in every line of their rugged faces—obvious even in the dim light of the single candle. They were evidently men of the vicinity—farmers and woodmen.
The person reading was a trifle different; one would have said of him that he was of the world, worldly, albeit there was that in his attire which attested a certain fellowship with the organisms of his environment. His coat would hardly have passed muster in San Francisco: his footgear was not of urban origin, and the hat that lay by him on the floor (he was the only one uncovered) was such that if one had considered it as an article of mere personal adornment he would have missed its meaning. In countenance the man was rather prepossessing, with just a hint of sternness; though that he may have assumed or cultivated, as appropriate to one in authority. For he was a coroner. It was by virtue of his office that he had possession of the book in which he was reading; it had been found among the dead man's effects—in his cabin, where the inquest was now taking place.
When the coroner had finished reading he put the book into his breast pocket. At that moment the door was pushed open and a young man entered. He, clearly, was not of mountain birth and breeding: he was clad as those who dwell in cities. His clothing was dusty, however, as from travel. He had, in fact, been riding hard to attend the inquest.
The coroner nodded; no one else greeted him.
"We have waited for you," said the coroner. "It is necessary to have done with this business to-night."
The young man smiled. "I am sorry to have kept you," he said. "I went away, not to evade your summons, but to post to my newspaper an account of what I suppose I am called back to relate."
The coroner smiled.
"The account that you posted to your newspaper," he said, "differs probably from that which you will give here under oath."
"That," replied the other, rather hotly and with a visible flush, "is as you choose. I used manifold paper and have a copy of what I sent. It was not written as news, for it is incredible, but as fiction. It may go as a part of my testimony under oath."
"But you say it is incredible."
"That is nothing to you, sir, if I also swear that it is true."
The coroner was apparently not greatly affected by the young man's manifest resentment. He was silent for some moments, his eyes upon the floor. The men about the sides of the cabin talked in whispers, but seldom withdrew their gaze from the face of the corpse. Presently the coroner lifted his eyes and said: "We will resume the inquest."
The men removed their hats. The witness was sworn.
"What is your name?" the coroner asked.
"William Harker."
"Age?"
"Twenty-seven."
"You knew the deceased, Hugh Morgan?"
"Yes."
"You were with him when he died?"
"Near him."
"How did that happen—your presence, I mean?"
"I was visiting him at this place to shoot and fish. A part of my purpose, however, was to study him, and his odd, solitary way of life. He seemed a good model for a character in fiction. I sometimes write stories."
"I sometimes read them."
"Thank you."
"Stories in general—not yours."
Some of the jurors laughed. Against a sombre background humor shows high lights. Soldiers in the intervals of battle laugh easily, and a jest in the death chamber conquers by surprise.
"Relate the circumstances of this man's death," said the coroner. "You may use any notes or memoranda that you please."
The witness understood. Pulling a manuscript from his breast pocket he held it near the candle, and turning the leaves until he found the passage that he wanted, began to read.
"...The sun had hardly risen when we left the house. We were looking for quail, each with a shotgun, but we had only one dog. Morgan said that our best ground was beyond a certain ridge that he pointed out, and we crossed it by a trail through the chaparral. On the other side was comparatively level ground, thickly covered with wild oats. As we emerged from the chaparral, Morgan was but a few yards in advance. Suddenly, we heard, at a little distance to our right, and partly in front, a noise as of some animal thrashing about in the bushes, which we could see were violently agitated.
"'We've started a deer,' said. 'I wish we had brought a rifle.'
"Morgan, who had stopped and was intently watching the agitated chaparral, said nothing, but had cocked both barrels of his gun, and was holding it in readiness to aim. I thought him a trifle excited, which surprised me, for he had a reputation for exceptional coolness, even in moments of sudden and imminent peril.
"'O, come!' I said. 'You are not going to fill up a deer with quail-shot, are you?'
"Still he did not reply; but, catching a sight of his face as he turned it slightly toward me, I was struck by the pallor of it. Then I understood that we had serious business on hand, and my first conjecture was that we had 'jumped' a grizzly. I advanced to Morgan's side, cocking my piece as I moved.
"The bushes were now quiet, and the sounds had ceased, but Morgan was as attentive to the place as before.
"'What is it? What the devil is it?' I asked.
"'That Damned Thing!' he replied, without turning his head. His voice was husky and unnatural. He trembled visibly.
"I was about to speak further, when I observed the wild oats near the place of the disturbance moving in the most inexplicable way. I can hardly describe it. It seemed as if stirred by a streak of wind, which not only bent it, but pressed it down—crushed it so that it did not rise, and this movement was slowly prolonging itself directly toward us.
"Nothing that I had ever seen had affected me so strangely as this unfamiliar and unaccountable phenomenon, yet I am unable to recall any sense of fear. I remember—and tell it here because, singularly enough, I recollected it then—that once, in looking carelessly out of an open window, I momentarily mistook a small tree close at hand for one of a group of larger trees at a little distance away. It looked the same size as the others, but, being more distinctly and sharply defined in mass and detail, seemed out of harmony with them. It was a mere falsification of the law of aerial perspective, but it startled, almost terrified me. We so rely upon the orderly operation of familiar natural laws that any seeming suspension of them is noted as a menace to our safety, a warning of unthinkable calamity. So now the apparently causeless movement of the herbage, and the slow, undeviating approach of the line of disturbance were distinctly disquieting. My companion appeared actually frightened, and I could hardly credit my senses when I saw him suddenly throw his gun to his shoulders and fire both barrels at the agitated grass! Before the smoke of the discharge had cleared away I heard a loud savage cry—a scream like that of a wild animal—and, flinging his gun upon the ground, Morgan sprang away and ran swiftly from the spot. At the same instant I was thrown violently to the ground by the impact of something unseen in the smoke—some soft, heavy substance that seemed thrown against me with great force.
"Before I could get upon my feet and recover my gun, which seemed to have been struck from my hands, I heard Morgan crying out as if in mortal agony, and mingling with his cries were such hoarse savage sounds as one hears from fighting dogs. Inexpressibly terrified, I struggled to my feet and looked in the direction of Morgan's retreat; and may heaven in mercy spare me from another sight like that! At a distance of less than thirty yards was my friend, down upon one knee, his head thrown back at a frightful angle, hatless, his long hair in disorder and his whole body in violent movement from side to side, backward and forward. His right arm was lifted and seemed to lack the hand—at least, I could see none. The other arm was invisible. At times, as my memory now reports this extraordinary scene, I could discern but a part of his body; it was as if he had been partly blotted out—I can not otherwise express it—then a shifting of his position would bring it all into view again.
"All this must have occurred within a few seconds, yet in that time Morgan assumed all the postures of a determined wrestler vanquished by superior weight and strength. I saw nothing but him, and him not always distinctly. During the entire incident his shouts and curses were heard, as if through an enveloping uproar of such sounds of rage and fury as I had never heard from the throat of man or brute!
"For a moment only I stood irresolute, then, throwing down my gun, I ran forward to my friend's assistance. I had a vague belief that he was suffering from a fit or some form of convulsion. Before I could reach his side he was down and quiet. All sounds had ceased, but, with a feeling of such terror as even these awful events had not inspired, I now saw the same mysterious movement of the wild oats prolonging itself from the trampled area about the prostrate man toward the edge of a wood. It was only when it had reached the wood that I was able to withdraw my eyes and look at my companion. He was dead."
The coroner rose from his seat and stood beside the dead man. Lifting an edge of the sheet he pulled it away, exposing the entire body, altogether naked and showing in the candle light a clay-like yellow. It had, however, broad maculations of bluish-black, obviously caused by extravasated blood from contusions. The chest and sides looked as if they had been beaten with a bludgeon. There were dreadful lacerations; the skin was torn in strips and shreds.
The coroner moved round to the end of the table and undid a silk handkerchief, which had been passed under the chin and knotted on the top of the head. When the handkerchief was drawn away it exposed what had been the throat. Some of the jurors who had risen to get a better view repented their curiosity, and turned away their faces. Witness Harker went to the open window and leaned out across the sill, faint and sick. Dropping the handkerchief upon the dead man's neck, the coroner stepped to an angle of the room, and from a pile of clothing produced one garment after another, each of which he held up a moment for inspection. All were torn, and stiff with blood. The jurors did not make a closer inspection. They seemed rather uninterested. They had, in truth, seen all this before; the only thing that was new to them being Harker's testimony.
"Gentlemen," the coroner said, "we have no more evidence, I think. Your duty has been already explained to you; if there is nothing you wish to ask you may go outside and consider your verdict."
The foreman rose—a tall, bearded man of sixty, coarsely clad.
"I should like to ask one question, Mr. Coroner," he said. "What asylum did this yer last witness escape from?"
"Mr. Harker," said the coroner, gravely and tranquilly, "from what asylum did you last escape?"
Harker flushed crimson again, but said nothing, and the seven jurors rose and solemnly filed out of the cabin.
"If you have done insulting me, sir," said Harker, as soon as he and the officer were left alone with the dead man, "I suppose I am at liberty to go?"
"Yes."
Harker started to leave, but paused, with his hand on the door latch. The habit of his profession was strong in him—stronger than his sense of personal dignity. He turned about and said:
"The book that you have there—I recognize it as Morgan's diary. You seemed greatly interested in it; you read in it while I was testifying. May I see it? The public would like—"
"The book will cut no figure in this matter," replied the official, slipping it into his coat pocket; "all the entries in it were made before the writer's death."
As Harker passed out of the house the jury reentered and stood about the table on which the now covered corpse showed under the sheet with sharp definition. The foreman seated himself near the candle, produced from his breast pocket a pencil and scrap of paper, and wrote rather laboriously the following verdict, which with various degrees of effort all signed:
"We, the jury, do find that the remains come to their death at the hands of a mountain lion, but some of us thinks, all the same, they had fits."
In the diary of the late Hugh Morgan are certain interesting entries having, possibly, a scientific value as suggestions. At the inquest upon his body the book was not put in evidence; possibly the coroner thought it not worth while to confuse the jury. The date of the first of the entries mentioned can not be ascertained; the upper part of the leaf is torn away; the part of the entry remaining is as follows:
"... would run in a half circle, keeping his head turned always toward the centre and again he would stand still, barking furiously. At last he ran away into the brush as fast as he could go. I thought at first that he had gone mad, but on returning to the house found no other alteration in his manner than what was obviously due to fear of punishment.
"Can a dog see with his nose? Do odors impress some olfactory centre with images of the thing emitting them? . . .
"Sept 2.—Looking at the stars last night as they rose above the crest of the ridge east of the house, I observed them successively disappear—from left to right. Each was eclipsed but an instant, and only a few at the same time, but along the entire length of the ridge all that were within a degree or two of the crest were blotted out. It was as if something had passed along between me and them; but I could not see it, and the stars were not thick enough to define its outline. Ugh! I don't like this. . . ."
Several weeks' entries are missing, three leaves being torn from the book.
"Sept. 27.—It has been about here again—I find evidences of its presence every day. I watched again all of last night in the same cover, gun in hand, double-charged with buckshot. In the morning the fresh footprints were there, as before. Yet I would have sworn that I did not sleep—indeed, I hardly sleep at all. It is terrible, insupportable! If these amazing experiences are real I shall go mad; if they are fanciful I am mad already.
"Oct. 3.—I shall not go—it shall not drive me away. No, this is my house, my land. God hates a coward....
"Oct. 5.—I can stand it no longer; I have invited Harker to pass a few weeks with me—he has a level head. I can judge from his manner if he thinks me mad.
"Oct. 7.—I have the solution of the problem; it came to me last night—suddenly, as by revelation. How simple—how terribly simple!
"There are sounds that we can not hear. At either end of the scale are notes that stir no chord of that imperfect instrument, the human ear. They are too high or too grave. I have observed a flock of blackbirds occupying an entire treetop—the tops of several trees—and all in full song. Suddenly—in a moment—at absolutely the same instant—all spring into the air and fly away. How? They could not all see one another—whole treetops intervened. At no point could a leader have been visible to all. There must have been a signal of warning or command, high and shrill above the din, but by me unheard. I have observed, too, the same simultaneous flight when all were silent, among not only blackbirds, but other birds—quail, for example, widely separated by bushes—even on opposite sides of a hill.
"It is known to seamen that a school of whales basking or sporting on the surface of the ocean, miles apart, with the convexity of the earth between them, will sometimes dive at the same instant—all gone out of sight in a moment. The signal has been sounded—too grave for the ear of the sailor at the masthead and his comrades on the deck—who nevertheless feel its vibrations in the ship as the stones of a cathedral are stirred by the bass of the organ.
"As with sounds, so with colors. At each end of the solar spectrum the chemist can detect the presence of what are known as 'actinic' rays. They represent colors—integral colors in the composition of light—which we are unable to discern. The human eye is an imperfect instrument; its range is but a few octaves of the real 'chromatic scale' I am not mad; there are colors that we can not see.
"And, God help me! the Damned Thing is of such a color!"
End of the Project Gutenberg EBook of The Damned Thing, by Ambrose Bierce
*** END OF THIS PROJECT GUTENBERG EBOOK THE DAMNED THING ***
***** This file should be named 23172-h.htm or 23172-h.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/2/3/1/7/23172/
Produced by David Widger
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions 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-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. 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-tm 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-tm License (available with this file or online at
http://gutenberg.org/license).
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
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-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm 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-tm 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-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm 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-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain 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-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm 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-tm 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-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside 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-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm 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 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
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (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-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm 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-tm 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-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
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-tm 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-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (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-tm
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-tm 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-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm 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-tm
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-tm 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-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm 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
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm 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-tm trademark, and any other party distributing a Project
Gutenberg-tm 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 F3. 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 MERCHANTIBILITY 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-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm 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-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm 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, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm 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-tm 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 web page at http://www.pglaf.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. Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising. 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 principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread 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 http://pglaf.org
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: http://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain 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 Web site which has the main PG search facility:
http://www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
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.