The Project Gutenberg eBook of The Second-Story Man
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: The Second-Story Man
Author: Upton Sinclair
Release date: July 1, 2002 [eBook #3302]
Most recently updated: April 25, 2013
Language: English
Credits: Text file produced by Charles Franks and the Online Distributed Proofreading team
HTML file produced by David Widger
*** START OF THE PROJECT GUTENBERG EBOOK THE SECOND-STORY MAN ***
Produced by Charles Franks and the Online Distributed Proofreading team
THE SECOND-STORY MAN
By Upton Sinclair
CHARACTERS
JIM FARADAY: the second-story man. HARVEY AUSTIN: a lawyer. HELEN
AUSTIN: his wife.
SCENE: Library of the Austin home.
Time: 2 A.M.
[The scene shows a luxuriously furnished room. In the centre is a
table with a lamp. To the right is the entrance into the front hall,
the front door of the house being visible. In the corner is a cabinet
of curios. In the rear is a large window opening on the street. Open
fire-place. There are two entrances at the left. There are
book-shelves, several easy-chairs, etc., in the room.]
[At rise: The stage is empty, and the room is darkened except for the
fire in the grate. Sounds of breaking wood are heard at the window.]
JIM. [A roughly-dressed young fellow with a patch over one eye, enters
through window, stands gazing about nervously, looks into the hall,
etc., then flashes a dark lantern.] This looks pretty good.
[Goes to mantel, takes silver cup and puts it into bag which he
carries; then exit left.]
AUSTIN. [Enters at front door without much noise. Hangs up coat and
hat, and then stands in entrance. He is a smooth-faced young man in
evening dress.] All gone to bed, hey?
[Takes out cigarette case and is about to light one, when a crash is
heard off left, as of a vase falling. He starts, then runs to table,
opens drawer, takes out revolver, and examines it, and steals off
through the other entrance at left, saying, "That noise seemed to come
from downstairs."]
JIM. [Enters panic-stricken.] God! What a thing to do! [Gazes into
hall and upstairs--long pause.] Don't seem to have waked them.
[Proceeds to examine room, stopping now and then to listen. After
placing several articles in bag, he goes to cabinet and tries to open
it. This takes some time, and while he is crouching in the shadow,
with his back to the entrance right, MRS. AUSTIN appears.]
MRS. AUSTIN. [She is young and beautiful, and wears a night-robe and
dressing-gown. She stands looking about anxiously, and then goes to
centre of room, when she hears a sound from JIM, and starts wildly.]
Oh!
JIM. [Leaps to feet, lifting revolver.] Hold up your hands! [She
starts back in terror.] Hold up your hands!
MRS. AUSTIN. [Half complyingly.] I'm not armed.
JIM. Never mind. [Long pause while they stare at each other.] I don't
want to hurt you, lady.
MRS. AUSTIN. [Calmly, after first shock.] No, I suppose not. You only
want to get away.
JIM. That's right!
MRS. AUSTIN. Very well, you may go.
JIM. And you yell for the police the moment I get out of the door,
hey?
MRS. AUSTIN. No, I don't want the police. I don't believe in sending
men to jail.
JIM. Humph!
[Another pause.]
MRS. AUSTIN. Why do you do this?
JIM. It's the way I live.
MRS. AUSTIN. Isn't it a rather trying kind of work?
JIM. It ain't all play, ma'am.
MRS. AUSTIN. [Smiling.] I should think it would be hard on the nerves.
[After another pause.] Is there no honest way you can earn a living?
JIM. I don't know. Maybe so. I got tired of looking for it.
MRS. AUSTIN. I might help you if you would let me.
JIM. I ain't asking any help.
MRS. AUSTIN. No, but I'm offering it. [After a pause.] Have you been
doing this sort of thing very long?
JIM. No.
MRS. AUSTIN. How long?
JIM. [After hesitation.] This is my first job.
MRS. AUSTIN. What! You don't mean that?
JIM. It happens to be true, ma'am.
MRS. AUSTIN. What made you do it?
JIM. It's a long story.
MRS. AUSTIN. Tell it to me.
JIM. It ain't just a good time for story telling.
MRS. AUSTIN. You are afraid of me? I have no quarrel with you. I don't
care anything for the things you have in the bag; and, besides, I
suppose you won't take them now. I'm only sorry to see a man going
wrong, and I'd like to help if I could. I'll play fair, I give you my
word of honor.
JIM. There ain't much honor in this business.
MRS. AUSTIN. No, I suppose not. But you can trust me. Put up that gun
and talk to me.
JIM. [Surlily.] It can't do any good.
MRS. AUSTIN. It can't do any harm. Put up that revolver, and tell me
what's the matter.
JIM. You'll let me go when I want to? No tricks!
MRS. AUSTIN. I give you my word.
JIM. All right. I'm a fool, I guess, but I'll trust you. [Puts
revolver in pocket.] Sit down, ma'am. It must be cold for you. This is
a queer kind of layout for a burglar. [Sits opposite her.] You heard
that racket I made in the other room?
MRS. AUSTIN. Yes. What was it?
JIM. Some kind of a jar.
MRS. AUSTIN. Oh, my Greek vase. Well, never mind... it was an
imitation. What were you doing?
JIM. I was looking for something to eat.
MRS. AUSTIN. Oh!
JIM. It would have been the first thing I've had since the day before
yesterday.
MRS. AUSTIN. What's the matter?
JIM. No work. [A pause.] I suppose you'll give me the old gag...
there's plenty of work for a man that's willing.
MRS. AUSTIN. No, I happen to have studied, and I know better than
that. Else I should have fainted when I saw you... instead of
sitting here talking to you.... Do you drink?
JIM. Yes, but I didn't use to. Any man would drink... that went
through what I did.
MRS. AUSTIN. Are you married?
JIM. Yes... I was married. My wife is dead.
MRS. AUSTIN. Any children?
JIM. Two. Both dead.
MRS. AUSTIN. Oh!
JIM. It ain't a pretty story, ma'am. It's a poor man's story.
MRS. AUSTIN. Tell it to me.
JIM. All right. It'll spoil your sleep for the rest of the night, I
guess, but you can have it. [A pause.] A year ago I was what they call
an honest working man. I had a home and a happy family; and I didn't
drink any too much, and I did well... even if the work was hard. I
was in the steel works here in town.
MRS. AUSTIN. [Startled.] The Empire Steel Company?
JIM. Yes. Why?
MRS. AUSTIN. Nothing... only I happen to know some people there. Go
on.
JIM. It's no child's work there, ma'am. There's an awful lot of
accidents... more than the world has any idea of. I've seen a man
sent to hell in the snapping of a finger. And they don't treat them
fair... they hush things up. There are things you wouldn't believe
if I told them to you.
MRS. AUSTIN. Tell them.
JIM. I've seen a man there get caught in one of the cranes. They
stopped the machinery, but they couldn't get him out. They'd have had
to take the crane apart, and that would have cost several days, and it
was rush time, and the man was only a poor Hunkie, and there was no
one to know or care. So they started up the crane, and cut his leg
off.
MRS. AUSTIN. Oh, horrible!
JIM. It's the sort of thing you couldn't believe unless you saw it.
But I saw it. I didn't care, though. I was a fool. And then my time
came.
MRS. AUSTIN. How do you mean?
JIM. A blast furnace blew out, and a piece of slag hit me here, where
you see that patch. If it wasn't for the patch you'd see something
that would make you sick. It was a pain you couldn't tell about...
it was a couple of days before I knew where I was. And the first thing
when I came to my senses... in the hospital, it was... there was
a lawyer chap with a paper waiting for me.
MRS. AUSTIN. [In agitation.] A lawyer?
JIM. Yes, ma'am. Company representative, you know. And I was to sign
the paper... it was a receipt for the hospital expenses... the
operation and all that... you see they had to take out what was
left of my eye. And of course I couldn't see... I had to sign where
he told me to. And when I got well, I found they had trapped me into
signing a release.
MRS. AUSTIN. A release?
JIM. I had accepted the hospital expenses as a release for all the
company owed me. And I couldn't get any damages... and my eye was
gone, and all the weeks without any wages.
MRS. AUSTIN. My God!
JIM. And they turned me out so weak I could hardly walk; and...
MRS. AUSTIN. [Greatly excited.] Who was this man?
JIM. Which?
MRS. AUSTIN. This lawyer?
JIM. I never heard his name. He was a young fellow... handsome...
smooth-faced...
MRS. AUSTIN. [Whispering.] Oh!
JIM. Ah, they don't mind it... they're smooth. They do that all the
time. It's what they get their pay for.
MRS. AUSTIN. [Covering her face with her hands.] Oh, stop!
JIM. What's the matter?
MRS. AUSTIN. [Looking up with white face.] Nothing. Go on.
JIM. It was two months before I could work at all. And the rent came
due, and they turned us out... it was winter-time, and my wife
caught a cold, and it turned to pneumonia, and she died. That's all of
that.
MRS. AUSTIN. Go on.
JIM. And then, you see, the panic came... and the mills shut down...
sudden as that. The lawyer told me the company would see I always
had a job, but that was only to get me to sign.
MRS. AUSTIN. [Feverishly.] Did you try him?
JIM. I went to the office and tried; but they wouldn't even let me see
him.
MRS. AUSTIN. I see. And then?
JIM. Then I went out to look for work. I had the two babies, you know
... and God only knows how I loved those babies. I said I'd fight
and win out for their sakes. But Amy... she was the little one...
she never had been very strong. When you're a poor man, you can't
get the best food, even if you know what it is. It ain't fit milk they
sell for the children in this city; and the baby died... I never
knew what was the matter exactly. And there was only one left...
and me tramping the streets all day looking for a job. How was I to
take care of him, lady? How could I have helped it? [His voice is
breaking with emotion.] And oh, ma'am, he was the loveliest little
fellow... with hair like gold. And so well and strong.
MRS. AUSTIN. [Whispering.] What happened to him?
JIM. A street car killed him.
MRS. AUSTIN. Oh!
JIM. Run over his chest, ma'am. I came home at night, and they told
me, and I near went out of my mind. Can you think what it was to see
him... with his eyes starting out of his head like, and his
beautiful little body all mashed flat...
MRS. AUSTIN. [Wildly.] Oh, spare me!
JIM. I told you it wouldn't be a pretty story. Do you think maybe you
wouldn't take to drink if you saw a sight like that? [Sinking back.]
Since then I've looked for work, but I haven't cared much. Only
sometimes I've thought I'd like to meet that young lawyer...
MRS. AUSTIN. [Starting up.] Oh!
JIM. Yes, it all began with him. But I don't know... they'd only
jug me. Anyway, tonight I was sitting in a saloon with two fellows
that I had met. One of them was a second-story man... a fellow that
climbs up porches and fire-escapes. And I heard him telling about a
haul he'd made, and I said to myself: "There's a job for me... I'll
be a second-story man." And I tried it... but you see I didn't do
very well. I'm not good for much, I guess, any more.
AUSTIN. [Enters left, revolver in hand; stands watching, unobserved.]
Good heavens!
MRS. AUSTIN. You can't tell. You may have better success than you look
for.
JIM. No... there's nothing can help me. I'm for the scrap heap.
MRS. AUSTIN. [Eagerly.] Wait and see. You are a man... you can be
helped yet...
AUSTIN. [Coming forward.] What does this mean?
JIM. [Starts wildly and reaches for revolver.] Ha!
AUSTIN. [Raising weapon.] Holdup your hands!
MRS. AUSTIN. [Rushing forward.] No. Stop!
AUSTIN. What do you mean?
MRS. AUSTIN. I say stop! I promised him his freedom!
AUSTIN. My dear...
MRS. AUSTIN. Give me the weapon.
AUSTIN. Why...
MRS. AUSTIN. Give it to me. [Takes revolver.] Now sit down.
JIM. [Has been staring wildly at AUSTIN.] My God, it's the lawyer
fellow!
MRS. AUSTIN. Yes, it is he.
AUSTIN. What does all this mean?
MRS. AUSTIN. Look at this man!
AUSTIN. [Staring.] Why?
MRS. AUSTIN. Don't you know him?
AUSTIN. No.
MRS. AUSTIN. Look carefully. [Turns up light.] Have you never seen him
before?
AUSTIN. Never that I can recall. What is his name?
MRS. AUSTIN. I don't know. [To JIM.] What is it?
JIM. Humph! [Hesitating.] He could find out, anyway. Jim Faraday.
AUSTIN. Faraday... it sounds familiar.
JIM. [Grimly.] You've served the trick on a good many, I guess.
AUSTIN. [To Mrs. AUSTIN.] What does he mean?
JIM. Don't you remember the Sisters' Hospital? The fellow that had his
eye burned out in the big explosion?
AUSTIN. [Startled.] Oh!
JIM. [Sneeringly.] Ah, yes!
AUSTIN. You are the man?
JIM. I'm the man.
MRS. AUSTIN. Harvey, you took this man some paper to sign.
AUSTIN. Yes... I remember.
MRS. AUSTIN. Did you tell him what was in it?
AUSTIN. [Hesitates.] Why...
MRS. AUSTIN. Answer me, please.
AUSTIN. Why, my dear...
MRS. AUSTIN. Did you tell him what was in it?
AUSTIN. But, my dear, it wasn't my business to tell him.
MRS. AUSTIN. Oh!
AUSTIN. I was representing the company.
MRS. AUSTIN, I see.
AUSTIN. It was his place to see what was in it.
MRS. AUSTIN. Harvey! This man with one eye burned out, and not yet
over the accident?
AUSTIN. My dear, you don't understand...
JIM. [Wildly.] You didn't leave me to find out for myself. You lied to
me!
MRS. AUSTIN. At least you permitted him to be misled. You did not tell
him the honest truth about the paper, and what would be the effect if
he signed it.
AUSTIN. My dear, you do not understand. I could not have done that. I
was the representative of the interests of the company.
MRS. AUSTIN. And that is the sort of work you do for them?
AUSTIN. That is the sort of work that has to be done. I cannot help
it, much as I would like to...
MRS. AUSTIN. [Wildly.] You have done that sort of thing before. And
you will do it again!
AUSTIN. My dear...
MRS. AUSTIN. And you take money for it! You bring that money home to
me! And you never told me how you got it! You make me sharer in your
guilt!
AUSTIN. Helen!
MRS. AUSTIN. This was how you earned your promotion! This was what you
came to me and boasted about! This was what we married on. This money
... blood money... that you get for cheating this helpless
laborer out of his rights... out of everything he had in the world!
AUSTIN. My dear, you are out of your mind. You do not understand
business.
MRS. AUSTIN. I understand it all... a child could understand! It is
only you... the rising young lawyer... that doesn't understand!
Harvey, Harvey! Do you know what you have done to this man... what
you and I together have done to him? We have wrecked his life! We have
driven him to hell! We have murdered his wife and his two children. We
have turned him into a tramp and a criminal. We have climbed to
success on top of him... we have made our fortune out of his blood!
This house... this furniture... these pictures... all this
beauty and comfort... all this we have coined out of his tears and
agony... out of the lives of his sick wife and his two little
babies! And you have done this for me... you have made me the cause
of it... you have put the guilt of it upon my young life... a
thing that I must carry through the world with me until I die!
AUSTIN. [Starting toward her.] Helen!
MRS. AUSTIN. No! Don't touch me! Speak to HIM! It is with him you have
to do! What have you to say to him? Don't think about me!
AUSTIN. My dear, be reasonable!
MRS. AUSTIN. What have you to say to him? That is what I want to know!
Harvey! Don't you understand it is your character that is up for
judgment?
AUSTIN. It can't be as bad as you say.
MRS. AUSTIN. Why can't it? Find out.
AUSTIN. [After a long pause, turns to Jim.] Faraday.
JIM. Well?
AUSTIN. Is what my wife says true?
JIM. It's true.
AUSTIN. You got no damages from the company?
JIM. Didn't you fix it yourself? What do they pay you for?
AUSTIN. And had you no money saved?
JIM. My family had to live on it.
AUSTIN. And didn't you get your job back?
JIM. Until the shut-down, I did.
AUSTIN. Oh, that's so. I forgot that.
JIM. Humph!
AUSTIN. That's too bad. I will have to do something for you.
JIM. Will that bring my wife and babies back to life?
AUSTIN. Oh, your family died! My God... that's terrible! [A pause.]
Faraday, I can't help that. What can I do? Listen, man... you see
how unhappy my wife is... you don't want to make the thing
impossible for me, do you?
JIM. I ain't doing anything.
AUSTIN. Be reasonable, and let me atone for the mistake. We'll say
nothing about this... about tonight. We'll start over, and I'll see
that you get a good job, and a fair chance.
Jim. Humph!
AUSTIN. Will you do that? I'm honestly sorry about it. And perhaps if
I can give you some money for a start..
[Takes out purse.]
JIM. Put up your money. It ain't likely you've got as much there as
I'd have got from the company.
AUSTIN. Oh, is that it? Well, maybe that is fair. I'll fix it up with
you on that basis.
JIM. And what about the other fellows, hey?
AUSTIN. The other fellows?
JIM. That you've done out the same way you done me. What about Dan
Kearney, that lost his life the day after.. and you and the rest of
the company sharks fixed it up so that his widow couldn't prove how it
was that he got hurt!
MRS. AUSTIN. Harvey!
JIM. Yes, ma'am, they done that. And it ain't the first time they done
it, either... nor the last. And they've bought juries... and
judges, too, I reckon... there ain't much work of a dirty sort that
the Empire Steel Company ain't tried in this city... and you can
bet their smart young lawyers know all the game! I'm sorry for you,
lady... you're white, and I'd be glad to help you. But I've seen
too much of the company and its ways, and I won't lie down and lick
its hand... not for any money! I ain't so low I've got the value of
my wife and two little babies figured out and ready to hand. I reckon
I'll stay on the outside of the fence and take my chances. I'll wind
up in jail, I suppose; but there's many a better man than me done the
same. So I guess I'll go, and we'll call it off.
[Starts away.]
MRS. AUSTIN. Harvey!
AUSTIN. My dear...
MRS. AUSTIN. Is that all you can say to him? You will let him go? [To
JIM.] Listen to me. You are right. We can never undo what we have
done. We cannot repay you. But at least we must do what we can. We
cannot let the evil go on. You yourself have no right to do it...
you have no right to give up your life.
JIM. I see what you mean, lady; and I'm sorry for you. I'd help you if
I could. But it's too late... I know that. There can't anybody save
me. I'm rotten... I'm a boozer. I couldn't stop if I wanted to. And
I ain't got any reason to want to. I ain't in the running.
MRS. AUSTIN. [Stretching out her arms.] But what can I do?
JIM. You can look after them that ain't down. Look after them that
your husband and the rest of the company's sharks will do up tomorrow.
MRS. AUSTIN. No!
JIM. Oh, they'll do it! I know what you mean... you'll make him
stop... but they'll have another man in his place. It's a machine.
.. it goes right on. Yes, and you won't do as much as you think you
will, either... you'll think it over, and you won't go as far as
you mean to now.
MRS. AUSTIN. No! No!
JIM. Ah, but you can't help it... you're in the mill, too. It's the
class you belong to. You can talk and feel sorry... but you ain't
made to do things. You have to have your houses and your fine dresses
... and you couldn't live without them, and there'd be no use your
trying. And that means you have to live off my class... you have to
ride on our backs. And it don't much matter which part you ride on, as
far as I can see. You'll make your husband get a new job, maybe; but
he'll do the same thing in another way... only you won't find it
out. But any way he gets his money it'll come out of me and my kind.
D'ye see? I do the work... I'm the man underneath. I make the good
things, and you get them. [A pause.] Good luck to you.
MRS. AUSTIN. You are cruel.
JIM. Nothing of the kind. I've just told you the facts. I feel sorry
for you. I'd do anything I could for you. [Stretching out his hands.]
See what I've done! I've given you your husband's life.
MRS. AUSTIN. Oh!
JIM. Yes, just that. You've no idea how many times I swore it...
that I'd kill him on sight... that I'd strangle the life out of
him, if ever I laid eyes on him again. I used to sit when I was half
drunk, and brood over it... my God, I even swore it by the body of
my little boy! And I've got my gun, and you've taken his away from
him. And I don't shoot him. [A pause.] I leave him to you. [Grimly.]
You punish him.
[Exit right.]
[AUSTIN stretches out his arms to his wife. She sinks upon the table,
burying her head.]
CURTAIN
*** END OF THE PROJECT GUTENBERG EBOOK THE SECOND-STORY MAN ***
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.