The Project Gutenberg eBook of Pleistocene Pocket Gophers From San Josecito Cave, Nuevo Leon, Mexico 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: Pleistocene Pocket Gophers From San Josecito Cave, Nuevo Leon, Mexico Author: Robert J. Russell Release date: February 1, 2010 [eBook #31152] Most recently updated: January 6, 2021 Language: English Credits: Produced by Chris Curnow, Erica Pfister-Altschul, Joseph Cooper and the Online Distributed Proofreading Team at https://www.pgdp.net *** START OF THE PROJECT GUTENBERG EBOOK PLEISTOCENE POCKET GOPHERS FROM SAN JOSECITO CAVE, NUEVO LEON, MEXICO *** Produced by Chris Curnow, Erica Pfister-Altschul, Joseph Cooper and the Online Distributed Proofreading Team at https://www.pgdp.net [Transcriber's Note: The following suspected errors are noted, but left as printed: Page 544, "I hestitate to refer" should be "I hesitate to refer" Page 541, "the town on Aramberri" should be "the town of Aramberri"] UNIVERSITY OF KANSAS PUBLICATIONS MUSEUM OF NATURAL HISTORY Volume 9, No. 21, pp. 539-548 January 14, 1960 Pleistocene Pocket Gophers From San Josecito Cave, Nuevo León, México BY ROBERT J. RUSSELL UNIVERSITY OF KANSAS LAWRENCE 1960 UNIVERSITY OF KANSAS PUBLICATIONS, MUSEUM OF NATURAL HISTORY Editors: E. Raymond Hall, Chairman, Henry S. Fitch, Robert W. Wilson Volume 9, No. 21, pp. 539-548 Published January 14, 1960 UNIVERSITY OF KANSAS Lawrence, Kansas PRINTED IN THE STATE PRINTING PLANT TOPEKA, KANSAS 1960 [Illustration] 28-1562 Pleistocene Pocket Gophers From San Josecito Cave, Nuevo León, México BY ROBERT J. RUSSELL Cueva de San Josecito in the province of Aramberri, near the town on Aramberri, Nuevo León, México, is at an elevation of approximately 7400 feet above sea level on the east-facing slope of the Sierra Madre Occidental in a limestone scarp. The dominant vegetation about the cave is the decidedly boreal forest association of pine and live oak. Additional information concerning the cave is provided by Miller (1943:143-144). Animal remains recovered from San Josecito Cave are among the most important Pleistocene finds in México, and include the most extensive collection of Pleistocene geomyids. The vertebrate remains are probably late Pleistocene in age; certainly they are post-Blancan, since the genera _Equus_, _Preptoceras_, _Smilodon_, and _Aenocyon_ (all Pleistocene genera) are present. According to Miller's (_loc. cit._:145) extensive report on the avifauna, the bird remains from the cave are a remarkable assemblage and beautifully preserved. Most of the mammalian remains have been studied in detail, and the results of these studies have been published in a number of papers each treating specific groups. These reports provide valuable information concerning the distribution of mammals in northeastern México in the late Pleistocene, a knowledge of which is most important to an understanding of present patterns of distribution and evolution of Mexican mammals. Cushing's (1945:182-185) report on his study of the rodents and lagomorphs includes a description of an extinct pygmy species of rabbit, _Sylvilagus leonensis_. He records three kinds of pocket gophers from San Josecito; Cushing was able to separate the genus Thomomys from two unidentified geomyids (_loc. cit._:185). These prove to belong to the genera _Cratogeomys_ and _Heterogeomys_; the materials are described below. Cushing records also larger mammals, including the antilocaprid (_Stockoceros conklingi_), saber-toothed cat (_Smilodon_), dire wolf (_Aenocyon_), a large oviboid (_Preptoceras_), and deer (_loc. cit._:182). More recently Findley (1953:633-639) has written on the remains of the family Soricidae taken from the cave, and Hooper (1952:59) has studied the bones of the genus _Reithrodontomys_ and found them not different from those of _R. megalotis_ that inhabits the region of the cave today. Handley (1955:48) has described a new species of plecotine bat, _Corynorhinus tetralophodon_, from the collection. Jones (1958:389-396) published an account of the bats of San Josecito, and described a new vampire bat, _Desmodus stocki_, from the cave. Jakway (1958:313-327) has reported on the lagomorphs and rodents in detail, and compared this part of the cave fauna with that of Rancho La Brea and Papago Spring Cave, Arizona. Jakway (_lit. cit._:323-324) suggests that the fauna from San Josecito is late Pleistocene, probably contemporaneous with the remains from Papago Spring Cave and pre-Rancholabrean. I thank Professor E. Raymond Hall and Dr. Robert W. Wilson for their permission to examine this material and for critical comments and advice on the manuscript. The drawings were made by Miss Lucy Remple. The specimens are a part of the collection of fossil vertebrates formerly belonging to the California Institute of Technology, but now the property of the Los Angeles County Museum. The specimens had been lent by the late Professor Chester Stock to Professor Hall and Dr. Wilson for study and report. All measurements herein are in millimeters. #Thomomys umbrinus# (Richardson) Material referable to _Thomomys_ consists of a nearly complete cranium, L.A.C.M. (C.I.T.) No. 3952, with nasals, maxillary teeth, and lower parts of braincase missing and zygomata broken; four rami (unnumbered), one of which is badly broken; and two isolated molariform teeth. The skull has a sphenoidal fissure, a feature typical of the _umbrinus_ group of _Thomomys_. The fossil specimens closely approximate in size the living subspecies _Thomomys umbrinus analogus_ Goldman. _Thomomys_ is not known from the vicinity of the cave at the present time and has not been reported from southwestern Nuevo León, even though there has been extensive collecting for pocket gophers there in recent years. To my knowledge the nearest record of occurrence of modern _Thomomys_ is a series of _Thomomys umbrinus analogus_ from 12 miles east of San Antonio de las Alazanas at an elevation of 9000 feet in the state of Coahuila (Baker, 1953:511), approximately 85 miles to the northwest. The fossil gophers are not from the talus of the cave floor, which is evidently of subrecent origin, but from the Pleistocene deposits below. Close resemblance to the living subspecies _T. u. analogus_, however, indicates that these remains are not so old as some of the other geomyid fossils from the cave. #Cratogeomys castanops# (Baird) Seven rami pertain to the genus _Cratogeomys_. All except three, L.A.C.M. (C.I.T.) Nos. 2974, 2978, and 3954, lack cheek teeth and the posterior processes are missing on most of the mandibles. No. 2974 is smaller than the other specimens, and probably is from a young individual. No. 3954 may have been fossilized at an earlier date than the other six jaws; however, it is comparable to them in size and morphology. Also present in the deposits are three limb bones of _Cratogeomys castanops_. One, a right humerus bearing L.A.C.M. (C.I.T.) No. 2982, is slightly larger than that of the pocket gophers living in the area now. Two tibias, L.A.C.M. (C.I.T.) Nos. 2983 and 2984, complete the material referable to this species. _Cratogeomys castanops planifrons_ (see Russell and Baker, 1955:607) occurs in the immediate vicinity of San Josecito today. None of the rami from the cave differs appreciably from those of the _subnubilus_ group of _Cratogeomys castanops_, a group of small subspecies including _planifrons_, _subnubilus_, _rubellus_ and _peridoneus_. All are small in external measurements and skull and differ markedly in this respect from the group of large subspecies (the _subsimus_ group) that occurs farther northward in Coahuila and Nuevo León. #Cratogeomys# sp. A rostral part of a skull, L.A.C.M. (C.I.T.) No. 2927, is referable to the genus _Cratogeomys_. This fragment consists of the anterior part of the skull, including a portion of the frontals, the premaxillae, a small part of the left maxilla, and the anterior parts of the palatines. The nasals are missing, but both incisors are in place including most of the roots. The single median sulcus on the anterior face of each incisor is typical of the genus _Cratogeomys_. The rostrum is long (25.8), as great in length as in the largest subspecies of the _subsimus_ group of _Cratogeomys castanops_ (see previous account for explanation) and as long as the rostrum of _Cratogeomys perotensis_ which is now known only from Veracruz, México. The length of the rostrum was measured from the most anterior median projection of the premaxillary to the most posterior dorsal projection of the same bone. Actually, and especially in relation to its length, the rostrum of the fossil is remarkably narrow. The breadth of the rostrum measures 10.4, which is comparable to that in the _subnubilus_ group of small subspecies, and less than that (11.4 in the smaller adult females to 13.7 in the larger adult males) in the _subsimus_ group of large subspecies. The breadth of rostrum in the fossil is 40.3 per cent of the length of the rostrum. In living _Cratogeomys castanops_ (both the large and small subspecies groups, and including both females and males) the breadth of rostrum amounts to between 44.0 and 51.4 per cent of its length. The rostrum in _Cratogeomys perotensis_ (and in other species of the _merriami_ group) is relatively much broader than in _Cratogeomys castanops_. Even though the rostrum of the fossil is narrower than in Recent species of _Cratogeomys_, the ventral border in the area of the palatine slits is more heavily constructed than in any of the living species, and it is nearly parallel-sided rather than tapered toward the midline anteriorly. At the lateral edge of the enamel plate of the incisors there is a distinct shelf, a characteristic of the _merriami_ group of species and a feature not well developed in _Cratogeomys castanops_. I hestitate to refer this fragment to any of the living species, although I would judge it to represent a form closer to the species _castanops_ than to the _merriami_ group (_C. perotensis_). The rostrum may represent, and probably does, an undescribed and extinct species of _Cratogeomys_, but in my opinion it should not be given formal taxonomic status until more adequate material is available. If the fossil is actually _Cratogeomys castanops_, and if the fragment is from an earlier deposit in the cave than is the material here assigned to _Cratogeomys castanops_, the fossil stock could be ancestral to the group of small subspecies provided there had been a trend in evolution toward smaller size. Another possibility is that a shift in geographic range of the kinds of _Cratogeomys_ that lived in the vicinity of the cave has occurred, and that the fossil represents an evolutionary line with no close relationship to Recent species and now is extinct. Additional material is needed before the history of these species can be reconstructed with validity. #Heterogeomys onerosus# new species _Holotype._--Los Angeles County Museum (C.I.T.) No. 2384, an incomplete left ramus, bearing incisor and p4; the alveolus of m1-m3 is present (Fig. 1a). Paratypes: Two isolated and unnumbered right upper incisors, one isolated premolar, and five additional rami, Nos. 2385, 2386, 2388, and two with no number. _Horizon and type locality._--Upper Pleistocene, Cueva de San Josecito, province of Aramberri, near the town of Aramberri, Nuevo León, México; California Institute of Technology, Vertebrate Paleontology Locality 192. _Description of Holotype._--Differs from any known living species of _Heterogeomys_, by the significantly heavier and deeper ramus (see Table 1 and Fig. 1). The holotype is compared with the largest adult male of _Heterogeomys hispidus_ (_H. torridus_ is smaller than _hispidus_) available to me in Table 1. Relative to the length of the ramus (measured from the anterior mental foramen to the posterior margin of the capsule that surrounds the root of the lower incisor), the depth of the ramus anterior to the molariform tooth-row is 33.0 per cent in _H. onerosus_ compared with 27.3 per cent in _H. hispidus_. If the fossil ramus is that of a female (females are significantly smaller than males in _Heterogeomys_) then the differences would be greater than recorded. TABLE 1. DEPTH OF MANDIBULAR RAMUS A: Least depth in front of premolar (See A to A' on Fig. 1c) B: Depth of ramus opposite re-entrant angle of p4 (B to B' on Fig. 1c) C: Depth from a point in front of capsule for incisor (See C to C' on Fig. 1c) =====================================+======+======+====== | A | B | C -------------------------------------+------+------+------ _H. onerosus_ holotype | 11.0 | 17.4 | 11.7 -------------------------------------+------+------+------ _H. h. hispidus_ [Male] ad., 23979 KU| 9.1 | 15.2 | 10.5 -------------------------------------+------+------+------ The angle between the anterior border of the coronoid process and the dorsal border of the ramus of the mandible is more acute, and the posteroventral margin of the ramus is more nearly straight, in _onerosus_ than in _hispidus_. The molariform tooth-row in _onerosus_ is only slightly longer (13.9 in contrast to 13.5) than in _hispidus_ and _torridus_. The ventral border of the massenteric ridge is weakly developed in _onerosus_ and hardly discernable whereas in the living species of _Heterogeomys_ the massenteric ridge is strongly developed posteriorly forming a noticeable prominence. _Description of Paratypes._--The fossils are referable to the genus _Heterogeomys_ on the basis of the short lateral angular processes of the lower jaw and on the basis of the associated upper incisors, which have a single distinct sulcus that lies toward the inner margin of each tooth. The isolated lower premolar that is referred to the new species is as large as that of the holotype and has the enamel pattern of _Heterogeomys_. [Illustration: Figs. 1a-1c. × 1-1/2 FIG. 1a. _Heterogeomys onerosus_, lateral view of left lower jaw of holotype. FIG. 1b. _Heterogeomys onerosus_, front view of right, upper incisor. FIG. 1c. _Heterogeomys hispidus_, lateral view of left lower jaw, No. 23979, [Male] adult, from 3 km. E San Andrés Tuxtla, Veracruz.] One jaw fragment, L.A.C.M. (C.I.T.) No. 2368, is smaller than the others and probably is from a young individual. Two others L.A.C.M. (C.I.T.) No. 2384 and one unnumbered, are smaller than the holotype, and possibly are the remains of females; however, they have the same characteristic shape as the holotype. Nevertheless, the two rami mentioned above are significantly larger than in adult males of modern _Heterogeomys_ and are especially larger than in females. Another jaw fragment, L.A.C.M. (C.I.T.) No. 2385, is seemingly as large as, or perhaps larger than, the holotype, although the posterior part of the ramus behind the alveolus of m2 is missing. An additional unnumbered ramus is of somewhat lighter construction than the holotype, but is important since it bears not only the incisor and p4 but also the first two lower molars. The only other material referable to _Heterogeomys onerosus_ is a fragmentary and isolated lower molar tooth that has a single posterior enamel blade, a feature characteristic of a number of Recent genera of pocket gophers, and some limb bones which are slightly larger than corresponding elements in Recent species of _Heterogeomys_. _Remarks._--Pocket gophers do not inhabit caves; therefore gophers were brought into the cavern probably by birds of prey, the remains of which were common in the deposits (Miller, 1943:152-156), or conceivably by carnivorous mammals. Since most of the raptorial predators that would prey on pocket gophers do not have a wide hunting territory, it is likely that the gophers were taken within a short distance of the cave. The presence of the genus _Heterogeomys_ in the deposits strongly suggests a tropical situation in the vicinity of the cave when these gophers were taken, because the distribution of this genus today is entirely within the Tropical Life-zone. Since the presumably early time when tropical conditions, or more nearly tropical conditions, prevailed at San Josecito Cave, climatic shifts account for a humid boreal environment there and its associated fauna. Findley (_lit. cit._:635-636) reports from San Josecito the remains of the boreal shrew _Sorex cinereus_ that today occurs no nearer than 800 miles to the northward in the mountains of north-central New Mexico. As he points out, that species requires hydric communities of cool climates, and in the Wisconsin Glacial age such climates probably prevailed in the high mountainous region where San Josecito is located. Since the time when a more mesic boreal environment occurred at San Josecito, climatic shifts have favored more xeric conditions as are found in the vicinity of the cave today. The more arid environments would support the occurrence of _Cratogeomys_ and _Thomomys_; however the ecological affinities of the fragment here referred to _Cratogeomys_ sp. are unknown. The more nearly tropical environment there could have occurred either during a Wisconsin interglacial period or during the Sangamon Interglacial age. _Heterogeomys onerosus_ perhaps lived near the cave during an interglacial period; since then it became extinct or evolved into the Recent species _Heterogeomys hispidus_. _Heterogeomys_ has not previously been recorded from Pleistocene or earlier deposits. LITERATURE CITED BAKER, R. H. 1953. The pocket gophers (genus Thomomys) of Coahuila, México. Univ. Kansas Publ., Mus. Nat. Hist., 5:499-514, 1 fig. in text, June 1. CUSHING, J. E., JR. 1945. Quaternary rodents and lagomorphs of San Josecito Cave, Nuevo León, México. Jour. Mamm., 26:182-185, July 19. FINDLEY, J. S. 1953. Pleistocene Soricidae from San Josecito Cave, Nuevo León, México. Univ. Kansas Publ., Mus. Nat. Hist., 5:633-639, December 1. HANDLEY, C. O., JR. 1955. _A new Pleistocene bat (_Corynorhinus_) from México._ Jour. Washington Acad. Sci., 45:48-49, March 14. HOOPER, E. T. 1952. A systematic review of the harvest mice (genus _Reithrodontomys_) of Latin America. Miscl. Publ. Mus. Zool., Univ. Michigan, 77:1-255, 9 pls., 24 figs., 12 maps, January 16. JAKWAY, G. E. 1958. Pleistocene Lagomorpha and Rodentia from the San Josecito Cave, Nuevo León, México. Trans. Kansas Acad. Sci., 61:313-327, November 21. JONES, J. K., JR. 1958. Pleistocene bats from San Josecito Cave, Nuevo León, México. Univ. Kansas Publ., Mus. Nat. Hist., 9:389-396, 4 figs., December 19. MILLER, L. 1943. The Pleistocene birds of San Josecito Cavern, México. Univ. California Publ. Zool., 47:143-168, April 20. RUSSELL, R. J., and BAKER, R. H. 1955. Geographic variation in the pocket gopher, Cratogeomys cantanops, in Coahuila, México. Univ. Kansas Publ., Mus. Nat. Hist., 7:591-608, 1 fig., March 15. _Transmitted October 28, 1959._ 28-1562 *** END OF THE PROJECT GUTENBERG EBOOK PLEISTOCENE POCKET GOPHERS FROM SAN JOSECITO CAVE, NUEVO LEON, MEXICO *** 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.