Project Gutenberg's The Story of a Thousand-Year Pine, by Enos A. Mills 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 Story of a Thousand-Year Pine Author: Enos A. Mills Release Date: February 2, 2013 [EBook #41972] Language: English Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A THOUSAND-YEAR PINE *** Produced by Greg Bergquist, Matthew Wheaton and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.)
THE STORY OF A THOUSAND-YEAR PINE
ILLUSTRATED
BOSTON AND NEW YORK
HOUGHTON MIFFLIN COMPANY
The Riverside Press Cambridge
COPYRIGHT, 1909 AND 1914, BY ENOS A. MILLS
ALL RIGHTS RESERVED
A Veteran Western Yellow Pine | Frontispiece |
Some of “Old Pine’s” Neighbors | 8 |
Cliff Dwellings on the Mesa Verde | 24 |
The Mesa Verde | 36 |
THE STORY OF A THOUSAND-YEAR PINE
The peculiar charm and fascination that trees exert over many people I had always felt from childhood, but it was that great nature-lover, John Muir, who first showed me how and where to learn their language. Few trees, however, ever held for me such an attraction as did a gigantic and[Pg 4] venerable yellow pine which I discovered one autumn day several years ago while exploring the southern Rockies. It grew within sight of the Cliff-Dwellers’ Mesa Verde, which stands at the corner of four States, and as I came upon it one evening just as the sun was setting over that mysterious tableland, its character and heroic proportions made an impression upon me that I shall never forget, and which familiar acquaintance only served to deepen while it yet lived and before the axeman came. Many a time I returned to build my camp-fire by it and have a day or a night in its solitary and noble company. I learned afterwards that it had been given the name “Old Pine,” and it certainly had an impressiveness[Pg 5] quite compatible with the age and dignity which go with a thousand years of life.
When, one day, the sawmill-man at Mancos wrote, “Come, we are about to log your old pine,” I started at once, regretting that a thing which seemed to me so human, as well as so noble, must be killed.
I went with the axemen who were to cut the old pine down. A grand and impressive tree he was. Never have I seen so much individuality, so much character, in a tree. Although lightning had given him a bald crown, he was still a healthy giant, and was waving evergreen banners more than one hundred and fifteen feet above the earth. His massive trunk, eight feet in diameter at the level of my breast,[Pg 6] was covered with a thick, rough, golden-brown bark which was broken into irregular plates. Several of his arms were bent and broken. Altogether, he presented a timeworn but heroic appearance.
It is almost a marvel that trees should live to become the oldest of living things. Fastened in one place, their struggle is incessant and severe. From the moment a baby tree is born—from the instant it casts its tiny shadow upon the ground—until death, it is in danger from insects and animals. It cannot move to avoid danger. It cannot run away to escape enemies. Fixed in one spot, almost helpless, it must endure flood and drought, fire and storm, insects and earthquakes, or die.
Trees, like people, struggle for existence, and an aged tree, like an aged person, has not only a striking appearance, but an interesting biography. I have read the autobiographies of many century-old trees, and have found their life-stories strange and impressive. The yearly growth, or annual ring of wood with which trees envelop themselves, is embossed with so many of their experiences that this annual ring of growth literally forms an autobiographic diary of the tree’s life.
I wanted to read Old Pine’s autobiography. A veteran pine that had stood on the southern Rockies and struggled and triumphed through the changing seasons of hundreds of years must contain a rare life-story. From[Pg 8] his stand between the Mesa and the pine-plumed mountain, he had seen the panorama of the seasons and many a strange pageant; he had beheld what scenes of animal and human strife, what storms and convulsions of nature! Many a wondrous secret he had locked within his tree soul. Yet, although he had not recorded what he had seen, I knew that he had kept a fairly accurate diary of his own personal experience. This I knew the saw would reveal, and this I had determined to see.
Nature matures a million conifer seeds for each one she chooses for growth, so we can only speculate as to the selection of the seed from which sprung this storied pine. It may be that the cone in which it matured was [Pg 9]crushed into the earth by the hoof of a passing deer. It may have been hidden by a jay; or, as is more likely, the tree may have grown from one of the uneaten cones which a squirrel had buried for winter food. Frémont squirrels are the principal nurserymen for all the Western pineries. Each autumn they harvest a heavy percentage of the cone crop and bury it for winter. The seeds in the uneaten cones germinate, and each year countless thousands of conifers grow from the seeds planted by these squirrels. It may be that the seed from which Old Pine burst had been planted by an ancient ancestor of the protesting Frémont squirrel whom we found that day in apparent possession of the premises; or this seed may have been[Pg 10] in a cone which simply bounded or blew into a hole, where the seed found sufficient mould and moisture to give it a start in life.
II
Two loggers swung their axes: at the first blow a Frémont squirrel came out of a hole at the base of a dead limb near the top of the tree and made an aggressive claim of ownership, setting up a vociferous protest against the cutting. As his voice was unheeded, he came scolding down the tree,[Pg 14] jumped off one of the lower limbs, and took refuge in a young pine that stood near by. From time to time he came out on the top of the limb nearest to us, and, with a wry face, fierce whiskers, and violent gestures, directed a torrent of abuse at the axemen who were delivering death-blows to Old Pine.
The old pine’s enormous weight caused him to fall heavily, and he came to earth with tremendous force and struck on an elbow of one of his stocky arms. The force of the fall not only broke the trunk in two, but badly shattered it. The damage to the log was so general that the sawmill-man said it would not pay to saw it into lumber and that it could rot on the spot.
I had come a long distance for the express purpose of deciphering Old Pine’s diary as the scroll of his life should be laid open in the sawmill. The abandonment of the shattered form compelled the adoption of another way of getting at his story. Receiving permission to do as I pleased with his remains, I at once began to cut and split both the trunk and the limbs, and to transcribe their strange records. Day after day I worked. I dug up the roots and thoroughly dissected them, and with the aid of a magnifier I studied the trunk, the roots, and the limbs.
I carefully examined the base of his stump, and in it I found ten hundred and forty-seven rings of growth! He had lived through a thousand and[Pg 16] forty-seven memorable years. As he was cut down in 1903, his birth probably occurred in 856.
In looking over the rings of growth, I found that a few of them were much thicker than the others; and these thick rings, or coats of wood, tell of favorable seasons. There were also a few extremely thin rings of growth. In places two and even three of these were together. These were the results of unfavorable seasons,—of drought or cold. The rings of trees also show healed wounds, and tell of burns, bites, and bruises, of torn bark and broken arms. Old Pine not only received injuries in his early years, but from time to time throughout his life. The somewhat kinked condition of several of the rings of growth, beginning with[Pg 17] the twentieth, shows that at the age of twenty he sustained an injury which resulted in a severe curvature of the spine, and that for some years he was somewhat stooped. I was unable to make out from his diary whether this injury was the result of a tree or some object falling upon him and pinning him down, or whether his back had been overweighted and bent by wet, clinging snow. As I could find no scars or bruises, I think that snow must have been the cause of the injury. However, after a few years he straightened up with youthful vitality and seemed to outgrow and forget the experience.
A century of tranquil life followed, and during these years the rapid growth tells of good seasons as well as[Pg 18] good soil. This rapid growth also shows that there could not have been any crowding neighbors to share the sun and the soil. The tree had grown evenly in all quarters, and the pith of the tree was in the center. But had one tree grown close, on that quarter the old pine would have grown slower than on the others and have been thinner, and the pith would thus have been away from the tree’s center.
When the old pine was just completing his one hundred and thirty-fifth ring of growth, he met with an accident which I can account for only by assuming that a large tree that grew several yards away blew over, and in falling, stabbed him in the side with two dead limbs. His bark was broken and torn, but this healed in due time.[Pg 19] Short sections of the dead limbs broke off, however, and were embedded in the old pine. Twelve years’ growth covered them, and they remained hidden from view until my splitting revealed them. Two other wounds started promptly to heal and, with one exception, did so.
A year or two later some ants and borers began excavating their deadly winding ways in the old pine. They probably started to work in one of the places injured by the falling tree. They must have had some advantage, or else something must have happened to the nuthatches and chickadees that year, for, despite the vigilance of these birds, both the borers and the ants succeeded in establishing colonies that threatened injury and possibly death.
Fortunately relief came. One day the chief surgeon of all the Southwestern pineries came along. This surgeon was the Texas woodpecker. He probably did not long explore the ridges and little furrows of the bark before he discovered the wound or heard these hidden insects working. After a brief examination, holding his ear to the bark for a moment to get the location of the tree’s deadly foe beneath, he was ready to act. He made two successful operations. Not only did these require him to cut deeply into the old pine and take out the borers, but he may also have had to come back from time to time to dress the wounds by devouring the ant-colonies which may have persisted in taking possession of them. The wounds finally healed, and[Pg 21] only the splitting of the affected parts revealed these records, all filled with pitch and preserved for nearly nine hundred years.
Following this, an even tenor marked his life for nearly three centuries. This quiet existence came to an end in the summer of 1301, when a stroke of lightning tore a limb out of his round top and badly shattered a shoulder. He had barely recovered from this injury when a violent wind tore off several of his arms. During the summer of 1348 he lost two of his largest arms. These were sound, and more than a foot in diameter at the points of breakage. As these were broken by a down-pressing weight or force, we may attribute the breaks to accumulations of snow.
The oldest, largest portion of a tree is the short section immediately above the ground, and, as this lower section is the most exposed to accidents or to injuries from enemies, it generally bears evidence of having suffered the most. Within its scroll are usually found the most extensive and interesting autobiographical impressions.
It is doubtful if there is any portion of the earth upon which there are so many deadly struggles as upon the earth around the trunk of a tree. Upon this small arena there are battles fierce and wild; here nature is “red in tooth and claw.” When a tree is small and tender, countless insects come to feed upon it. Birds come to it to devour these insects. Around the tree are daily almost merciless fights[Pg 23] for existence. These death-struggles occur not only in the daytime, but in the night. Mice, rats, and rabbits destroy millions of young trees. These bold animals often flay baby trees in the daylight, and while at their deadly feast many a time have they been surprised by hawks, and then they are at a banquet where they themselves are eaten. The owl, the faithful night-watchman of trees, often swoops down at night, and as a result some little tree is splashed with the blood of the very animal that came to feed upon it.
The lower section of Old Pine’s trunk contained records which I found interesting. One of these in particular aroused my imagination. I was sawing off a section of this lower portion when the saw, with a buzz-z-z-z, suddenly[Pg 24] jumped. The object struck was harder than the saw. I wondered what it could be, and, cutting the wood carefully away, laid bare a flint arrowhead. Close to this one I found another, and then with care I counted the rings of growth to find out the year that these had wounded Old Pine. The outer ring which these arrowheads had pierced was the six hundred and thirtieth, so that the year of this occurrence was 1486.
Had an Indian bent his bow and shot at a bear that had stood at bay backed up against this tree? Or was there around this tree a battle among Indian tribes? Is it possible that at this place some Cliff-Dweller scouts encountered their advancing foe from the north and opened hostilities? It [Pg 25]may be that around Old Pine was fought the battle that is said to have decided the fate of that mysterious race, the Cliff-Dwellers. The imagination insists on speculating with these two arrowheads, though they form a fascinating clue that leads us to no definite conclusion. But the fact remains that Old Pine was wounded by two Indian arrowheads some time during his six hundred and thirtieth summer.
The year that Columbus discovered America, Old Pine was a handsome giant with a round head held more than one hundred feet above the earth. He was six hundred and thirty-six years old, and with the coming of the Spanish adventurers his lower trunk was given new events to record. The[Pg 26] year 1540 was a particularly memorable one for him. This year brought the first horses and bearded men into the drama which was played around him. This year, for the first time, he felt the edge of steel and the tortures of fire. The old chronicles say that the Spanish explorers found the cliff-houses in the year 1540. I believe that during this year a Spanish exploring party may have camped beneath Old Pine and built a fire against his instep, and that some of the explorers hacked him with an axe. The old pine had distinct records of axe and fire markings during the year 1540. It was not common for the Indians of the West to burn or mutilate trees, and it was common for the Spaniards to do so, and as these hackings in the tree seemed to have[Pg 27] been made with some edged tool sharper than any possessed by the Indians, it at least seems probable that they were made by the Spaniards. At any rate, from the year 1540 until the day of his death, Old Pine carried these scars on his instep.
As the average yearly growth of the old pine was about the same as in trees similarly situated at the present time, I suppose that climatic conditions in his early days must have been similar to the climatic conditions of to-day. His records indicate periods of even tenor of climate, a year of extremely poor conditions, occasionally a year crowned with a bountiful wood harvest. From 1540 to 1762 I found little of special interest. In 1762, however, the season was not regular. After the[Pg 28] ring was well started, something, perhaps a cold wave, for a time checked his growth, and as a result the wood for that one year resembled two years’ growth; yet the difference between this double or false ring and a regular one was easily detected. Old Pine’s “hard times” experience seems to have been during the years 1804 and 1805. I think it probable that those were years of drought. During 1804 the layer of wood was the thinnest in his life, and for 1805 the only wood I could find was a layer which only partly covered the trunk of the tree, and this was exceedingly thin.
From time to time in the old pine’s record, I came across what seemed to be indications of an earthquake shock;[Pg 29] but late in 1811 or early in 1812, I think there is no doubt that he experienced a violent shock, for he made extensive records of it. This earthquake occurred after the sap had ceased to flow in 1811, and before it began to flow in the spring of 1812. In places the wood was checked and shattered. At one point, some distance from the ground, there was a bad horizontal break. Two big roots were broken in two, and that quarter of the tree which faced the cliffs had suffered from a rock bombardment. I suppose the violence of the quake displaced many rocks, and some of these, as they came bounding down the mountain-side, collided with Old Pine. One, of about five pounds’ weight, struck him so violently in the side that it remained[Pg 30] embedded there. After some years the wound was healed over, but this fragment remained in the tree until I released it.
During 1859 some one made an axe-mark on the old pine that may have been intended for a trail-blaze, and during the same year another fire badly burned and scarred his ankle. I wonder if some prospectors came this way in 1859 and made camp by him.
Another record of man’s visits to the tree was made in the summer of 1881, when I think a hunting or outing party may have camped near here and amused themselves by shooting at a mark on Old Pine’s ankle. Several modern rifle-bullets were found embedded in the wood around or just beneath[Pg 31] a blaze which was made on the tree the same year in which the bullets had entered it. As both these marks were made during the year 1881, it is at least possible that this year the old pine was used as the background for a target during a shooting contest.
While I was working over the old pine, a Frémont squirrel who lived near by used every day to stop in his busy harvesting of pine-cones to look on and scold me. As I watched him placing his cones in a hole in the ground under the pine-needles, I often wondered if one of his buried cones would remain there uneaten, to germinate and expand ever green into the air, and become a noble giant to live as long and as useful a life as Old Pine. I found myself trying to picture the[Pg 32] scenes in which this tree would stand when the birds came singing back from the Southland in the springtime of the year 3000.
III
After I had finished my work of splitting, studying, and deciphering the fragments of the old pine, I went to the sawmill and arranged for the men to come over that evening after I had departed, and burn every piece and vestige of the venerable old tree. I told them I should be gone by dark[Pg 36] on a trip to the summit of Mesa Verde, where I was to visit a gnarled old cedar. Then I went back and piled into a pyramid every fragment of root and trunk and broken branch. Seating myself upon this pyramid, I spent some time that afternoon gazing through the autumn sun-glow at the hazy Mesa Verde, while my mind rebuilt and shifted the scenes of the long, long drama in which Old Pine had played his part and of which he had given us but a few fragmentary records. I lingered there dreaming until twilight. I thought of the cycles during which he had stood patient in his appointed place, and my imagination busied itself with the countless experiences that had been recorded, and the scenes and pageants he had [Pg 37]witnessed but of which he had made no record. I wondered if he had enjoyed the changing of seasons. I knew that he had often boomed or hymned in the storm or the breeze. Many a monumental robe of snow-flowers had he worn. More than a thousand times he had beheld the earth burst into bloom amid happy songs of mating birds; hundreds of times in summer he had worn countless crystal rain-jewels in the sunlight of the breaking storm, while the brilliant rainbow came and vanished on the near-by mountain-side. Ten thousand times he had stood silent in the lonely light of the white and mystic moon.
Twilight was fading into darkness when I arose and started on my night[Pg 38] journey for the summit of Mesa Verde. When I arrived at the top of the Mesa, I looked back and saw a pyramid of golden flame standing out in the darkness.
By Enos A. Mills
YOUR NATIONAL PARKS. Illustrated.
THE STORY OF SCOTCH. Illustrated.
THE ROCKY MOUNTAIN WONDERLAND. Illustrated.
THE STORY OF A THOUSAND-YEAR PINE. Illustrated.
IN BEAVER WORLD. Illustrated.
THE SPELL OF THE ROCKIES. Illustrated.
WILD LIFE ON THE ROCKIES. Illustrated.
HOUGHTON MIFFLIN COMPANY
Boston and New York
End of Project Gutenberg's The Story of a Thousand-Year Pine, by Enos A. Mills *** END OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A THOUSAND-YEAR PINE *** ***** This file should be named 41972-h.htm or 41972-h.zip ***** This and all associated files of various formats will be found in: http://www.gutenberg.org/4/1/9/7/41972/ Produced by Greg Bergquist, Matthew Wheaton and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.) 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 www.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 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-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 are 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 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 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 contact links and up to date contact information can be found at the Foundation's web site and official page at www.gutenberg.org/contact For additional contact information: Dr. Gregory B. Newby Chief Executive and Director [email protected] 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 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-tm electronic works. Professor Michael S. Hart was the originator of the Project Gutenberg-tm concept of a library of electronic works that could be freely shared with anyone. For forty 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: 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.