The Project Gutenberg eBook of The nightingale 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 nightingale Author: H. C. Andersen Illustrator: Mary J. Newill Translator: H. W. Dulcken Release date: July 2, 2023 [eBook #71096] Language: English Original publication: United States: R. H. Russel, 1898 Credits: Sonya Schermann and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive) *** START OF THE PROJECT GUTENBERG EBOOK THE NIGHTINGALE *** Transcriber’s Note When blackletter font was used in the original book, the corresponding text has been surrounded by _underscores_. Some corrections have been made to the printed text. These are listed in a second transcriber’s note at the end of the text. The Nightingale BY HANS ANDERSEN NEW YORK: R. H. RUSSELL, MDCCCXCVIII [Illustration: Illustrated title page] COPYRIGHT, 1895, BY D. B. UPDIKE. ALL RIGHTS RESERVED. Note In this Merrymount Edition of Hans Andersen’s story, the translation of H. W. Dulcken is followed. The illustrations are by Mary J. Newill of Birmingham. The Nightingale BEING A STORY FOR CHILDREN AND A PARABLE FOR MEN AND WOMEN. In China, you must know, the Emperor is a Chinaman, and all whom he has about him are Chinamen too. It happened a good many years ago, but that’s just why it’s worth while to hear the story before it’s forgotten! The Emperor’s Palace was the most splendid in the World; it was made entirely of porcelain, very costly, but so delicate and brittle that one had to take care how one touched it. In the Garden were to be seen the most wonderful flowers, and to the costliest of them silver bells were tied, which sounded, so that nobody should pass by without noticing the flowers. Yes, every thing in the Emperor’s Garden was admirably arranged. And it extended so far, that the Gardener himself did not know where the end was. If a man went on and on, he came into a glorious forest with high trees and deep lakes. The wood extended straight down to the sea, which was blue and deep; great vessels could sail beneath the branches of the trees, and in the trees lived a Nightingale, which sang so splendidly that even the poor Fisherman, who had many other things to do, stopped still and listened, when he had gone out at night to throw out his nets, and heard the Nightingale. “How beautiful that is!” he said; but he was obliged to attend to his property and thus forgot the bird. But when in the next night, the bird sang again and the Fisherman heard it, he exclaimed again, “How beautiful that is!” From all the countries of the World, Travellers came to the City of the Emperor and admired it, and the Palace and the Garden, but when they heard the song of the Nightingale, they said: “That is the best of all!” And the Travellers told of it when they came home; and the learned men wrote many books about the Town, the Palace, and the Garden. But they did not forget the Nightingale; that was placed highest of all; and those who were Poets wrote most magnificent poems about the Nightingale in the wood, by the deep lake. The books went through all the World; and a few of them once came to the Emperor. He sat in his golden chair, and read, and read; every moment he nodded his head, for it pleased him to peruse the masterly descriptions of the City, the Palace, and the Garden. “But the Nightingale is the best of all!” it stood written there. “What’s that? exclaimed the Emperor.” “I do not know the Nightingale at all! Is there such a bird in my Garden? I’ve never heard of that: to learn such a thing for the first time from books!” And hereupon he called his Cavalier. This Cavalier was so grand that if any one lower in rank than himself dared to speak to him, or to ask him any question, he answered nothing but P! and that meant nothing. [Illustration: Image of Garden] “There is said to be a wonderful bird here called a Nightingale!” said the Emperor. “They say it’s the best thing in all my great Empire. Why have I never heard any thing about it?” “I have never heard him named,” replied the Cavalier. “He has never been introduced at Court.” “I command that he shall appear this evening, and sing before me,” said the Emperor. “All the world knows what I possess, and I do not know it myself!” “I have never heard him mentioned,” said the Cavalier. “I will seek for him. I will find him.” But where was he to be found? The Cavalier ran up and down all the staircases, through halls and passages, but no one among all those whom he met had heard talk of the Nightingale. And the Cavalier ran back to the Emperor, and said that it must be a fable invented by the writers of books. “Your Imperial Majesty cannot believe how much is written that is fiction, and something that they call the black art.” “But the book in which I read this,” said the Emperor, “was sent to me by the High and Mighty Emperor of Japan, and therefore it cannot be a falsehood. I will hear the Nightingale! It must be here this evening! It has my imperial favour! and if it does not come, all the Court shall be trampled upon after the Court has supped!” “Tsing-pe,” said the Cavalier; and again he ran up and down all the staircases, and through all the halls and corridors; and half the Court ran with him, for the Courtiers did not like being trampled upon. Then there was a great inquiry after the wonderful Nightingale, which all the World knew, excepting the people at Court. At last they met with a poor little Girl in the kitchen, who said, “The Nightingale? I know it well; yes, it can sing gloriously. Every evening I get leave to carry my poor sick mother the scraps from the table. She lives down by the strand, and when I get back and am tired, and rest in the wood, then I hear the Nightingale sing! And then the water comes into my eyes, and it is just as if my mother kissed me.” “Little Kitchen-Girl,” said the Cavalier, “I will get you a place in the kitchen, with permission to see the Emperor dine, if you will lead us to the Nightingale, for it is announced for this evening.” So they all went out into the wood where the Nightingale was accustomed to sing; half the Court went forth. When they were in the midst of their journey a cow began to low. “Oh!” cried the court pages, “now we have it! That shows a wonderful power in so small a creature! I have certainly heard it before.” “No; those are cows lowing,” said the little Kitchen-Girl. “We are a long way from the place yet.” Now the frogs began to quack in the marsh. “Glorious!” said the Chinese Court Preacher. “Now I hear it: it sounds just like little church bells.” “No; those are frogs,” said the little Kitchen-Maid. “But now I think we shall soon hear it.” And then the Nightingale began to sing. [Illustration: Image of forest] “That is it!” exclaimed the little Girl. “Listen, listen! and yonder it sits,” and she pointed to a little gray bird up in the boughs. “Is it possible?” cried the Cavalier. “I should never have thought it looked like that. How simple it looks! It must certainly have lost its colour at seeing such grand people around.” “Little Nightingale!” called the little Kitchen-Girl, quite loudly, “our gracious Emperor wishes you to sing before him.” “With the greatest pleasure!” replied the Nightingale, and began to sing most delightfully. “It sounds just like glass bells!” said the Cavalier. “And look at the little throat, how it’s working! It’s wonderful that we should never have heard it before. That bird will be a great success at Court.” “Shall I sing once more before the Emperor?” asked the Nightingale, for it thought the Emperor was present. “My excellent little Nightingale,” said the Cavalier, “I have great pleasure in inviting you to a Court festival this evening, when you shall charm his Imperial Majesty with your beautiful singing.” “My song sounds best in the green wood!” replied the Nightingale; still it came willingly when it heard what the Emperor wished. The Palace was festively adorned. The walls and the flooring, which were of porcelain, gleamed in the rays of thousands of golden lamps. The most glorious flowers, which could ring clearly, had been placed in the passages. There was a running to and fro, and a through draught, and all the bells rang so loudly that one could not hear one’s self speak. In the midst of the great hall, where the Emperor sat, a golden perch had been placed, on which the Nightingale was to sit. The whole Court was there, and the little Cook-Maid had got leave to stand behind the door, as she had now received the title of a real Court cook. All were in full dress, and all looked at the little gray bird, to which the Emperor nodded. And the Nightingale sang so gloriously that the tears came into the Emperor’s eyes. The tears ran down over his cheeks, and then the Nightingale sang still more sweetly; that went straight to the heart. The Emperor was so much pleased that he said the Nightingale should have his golden slipper to wear round its neck. But the Nightingale declined this with thanks, saying it had already received a sufficient reward. “I have seen tears in the Emperor’s eyes; that is the real treasure to me! An Emperor’s tears have a peculiar power. I am rewarded enough.” And then it sang again with a sweet, glorious voice. “That’s the most amiable coquetry I ever saw!” said the Ladies who stood round about, and then they took water in their mouths to gurgle when any one spoke to them. They thought they should be nightingales too. And the lackeys and chambermaids reported that they were satisfied too; and that was saying a good deal, for they are the most difficult to please. In short the Nightingale achieved a real success. It was now to remain at Court, to have its own cage, with liberty to go out twice every day and once at night. Twelve servants were appointed when the Nightingale went out, each of whom had a silken string fastened to the bird’s leg, and which they held very tight. There was really no pleasure in an excursion of that kind. The whole City spoke of the wonderful bird, and when two people met, one said nothing but _Nightin_, and the other said _gale_; and then they sighed, and understood one another. Eleven pedlar’s children were named after the bird, but not one of them could sing a note. One day the Emperor received a large parcel, on which was written “The Nightingale.” “There we have a new book about this celebrated bird,” said the Emperor. But it was not a book, but a little work of art, contained in a box; an artificial nightingale, which was to be like a natural one, but was brilliantly ornamented with diamonds, rubies, and sapphires. So soon as the artificial bird was wound up, he could sing one of the pieces that he really sang, and then his tail moved up and down, and shone with silver and gold. Round his neck hung a little ribbon, and on that was written, _The Emperor of Japan’s nightingale is poor, compared to that of the Emperor of China._ “That is capital!” said they all, and he who had brought the artificial bird, immediately received the title, Imperial Head-Nightingale-Bringer. “Now they must sing together; what a duet that will be!” And so they had to sing together; but it did not go very well, for the real Nightingale sang in its own way, and the artificial bird sang waltzes. “That’s not his fault,” said the Playmaster, “he’s quite perfect, and very much in my style.” Now the artificial bird was to sing alone. He had just as much success as the real one, and then it was much handsomer to look at; it shone like bracelets and breastpins. Three-and-thirty times over did it sing the same piece, and yet it was not tired. The people would gladly have heard it again, but the Emperor said that the living Nightingale ought to sing something now. But where was it? No one had noticed that it had flown away out of the open window, back to the green wood. “But what is that!” said the Emperor. And all the courtiers abused the Nightingale, and declared that it was a very ungrateful creature. “We have the best bird after all,” said they, and so the artificial bird had to sing again, and that was the thirty-fourth time that they listened to the same piece. For all that they did not know it quite by heart, for it was so very difficult, and the Playmaster praised the bird particularly; yes, he declared that it was better than a Nightingale, not only with regard to its plumage, and the many beautiful diamonds, but inside as well. “For you see, ladies and gentlemen, and above all, your Imperial Majesty, with a real Nightingale one can never calculate what is coming, but in this artificial bird every thing is settled. One can explain it; one can open it and make people understand where the waltzes come from, how they go, and how one follows upon another.” [Illustration: Image of Court] “Those are quite our own ideas,” they all said, and the speaker received permission to show the bird to the people on the next Sunday. The people were to hear it sing too, the Emperor commanded, and they did hear it, and were as much pleased as if they had all got tipsy upon tea, for that’s quite the Chinese fashion; and they all said “Oh!” and held up their forefingers and nodded. But the poor Fisherman, who had heard the real Nightingale, said, “It sounds pretty enough and the melodies resemble each other, but there’s something wanting, and I know not what!” The real Nightingale was banished from the country and Empire. The artificial bird had its place on a silken cushion, close to the Emperor’s bed; all the presents it had received, gold and precious stones, were ranged about; in title it had advanced to be the High Imperial After-Dinner-Singer, and in rank to number one on the left hand; for the Emperor considered that side the most important on which the heart is placed, and even in an Emperor the heart is on the left side; and the Playmaster wrote a work of five-and-twenty volumes about the artificial bird; it was very learned and very long, full of the most difficult Chinese words; but yet all the people declared that they had read it, and understood it, for fear of being considered stupid, and having their bodies trampled on. So a whole year went by. The Emperor, the Court, and all the other Chinese knew every little twitter in the artificial bird’s song, by heart. But just for that reason it pleased them best; they could sing it with themselves, and they did so. The street-boys sang “Tsi-tsi-tsi-glug-glug,” and the Emperor himself sung it too. Yes, that was certainly famous! But one evening, when the artificial bird was singing its best, and when the Emperor lay in bed listening to it, something inside the bird said “Whiz!” Something cracked. “Whirr!” All the wheels ran around, and then the music stopped. The Emperor immediately sprang out of bed, and caused his Body Physician to be called; but what could he do? Then they sent for a Watchmaker, and after a good deal of talking and investigation, the bird was put into something like order; but the Watchmaker said that the bird must be carefully treated, for the barrels were worn, and it would be impossible to put new ones in, in such a manner that the music would go. There was a great lamentation; only once in a year was it permitted to let the bird sing, and that was almost too much. But then the Playmaster made a little speech, full of heavy words, and said this was just as good as before, and so of course it was as good as before. Now five years had gone by, and a real grief came upon the whole Nation. The Chinese really were fond of their Emperor, and now he was ill, and could not, it was said, live much longer. Already a new Emperor had been chosen, and the people stood out in the street and asked the Cavalier how their old Emperor did. P! said he, and shook his head. Cold and pale lay the Emperor in his great gorgeous bed; the whole Court thought him dead, and each one ran to pay homage to the new ruler. The Chamberlains ran out to talk it over, and the Ladies’ Maids had a great coffee-party. All about, in all the halls and passages, cloth had been laid down, so that no footstep could be heard, and therefore it was quiet there, quite quiet. But the Emperor was not dead yet; stiff and pale he lay on the gorgeous bed with the long velvet curtains and the heavy gold tassels; high up, a window stood open, and the moon shone in upon the Emperor and the artificial bird. The poor Emperor could scarcely breathe; it was just as if something lay upon his chest; he opened his eyes, and then he saw that it was Death, who sat upon his chest, and had put on his golden crown, and held in one hand the Emperor’s sword and in the other his beautiful banner. And all around, from among the folds of the splendid velvet curtains, strange heads peered forth; a few very ugly, the rest quite lovely and mild. These were all the Emperor’s bad and good deeds, that stood before him now that Death sat upon his heart. “Do you remember this?” whispered one to the other. “Do you remember that?” and then they told him so much that the perspiration ran from his forehead. “I did not know that!” said the Emperor. “Music! music! the great Chinese drum!” he cried, “so that I need not hear all they say!” and they continued speaking, and Death nodded like a Chinaman to all they said. “Music! music!” cried the Emperor. “You little precious golden bird, sing, sing! I have given you gold and costly presents; I have even hung my golden slipper around your neck; sing, now, sing!” But the bird stood still; no one was there to wind him up, and he could not sing without that; but Death continued to stare at the Emperor with his great hollow eyes, and it was quiet, fearfully quiet! [Illustration: Image of house] Then there sounded from the window, suddenly, the most lovely song. It was the little live Nightingale, that sat outside on a spray. It had heard of the Emperor’s sad plight and had come to sing to him of comfort and hope. And as it sung the spectres grew paler and paler; the blood ran quicker and more quickly through the Emperor’s weak limbs, and even Death listened, and said, “Go on, little Nightingale, go on!” “But will you give me that splendid golden sword? Will you give me that rich banner? Will you give me the Emperor’s crown?” And Death gave up each of these treasures for a song. And the Nightingale sang on and on; and it sung of the quiet Churchyard where the white roses grow, where the elder-blossom smells sweet, and where the fresh grass is moistened by the tears of survivors. Then Death felt a longing to see his Garden, and floated out at the window in the form of a cold white mist. “Thanks, thanks!” said the Emperor. “You heavenly little bird! I know you well! I banished you from my Country and Empire, and yet you have charmed away the evil faces from my couch, and banished Death from my heart! How can I reward you?” “You have rewarded me,” replied the Nightingale. “I have drawn tears from your eyes, when I sang the first time; I shall never forget that. These are the jewels that rejoice a singer’s heart; but now sleep and grow fresh and strong again; I will sing you something.” And it sang, and the Emperor fell into a sweet slumber. Ah! how mild and refreshing that sleep was. The sun shone upon him through the windows, when he awoke refreshed and restored; not one of his servants had yet returned, for they all thought he was dead; only the Nightingale still sat beside him and sang. “You must always stay with me,” said the Emperor. “You shall sing as you please; and I’ll break the artificial bird into a thousand pieces.” “Not so,” replied the Nightingale. “It did well so long as it could; keep it as you have done till now. I cannot build my nest in the Palace to dwell in it, but let me come when I feel the wish; then I will sit in the evening on the spray yonder by the window, and sing you something so that you may be glad and thoughtful at once. And I will sing of those who are happy, and of those who suffer. I will sing of good and of evil that remains hidden round about you. The little singing-bird flies far around, to the poor Fisherman, to the Peasant’s roof, to every one who dwells far away from you and from your Court. I love your heart more than your crown, and yet the crown has an air of sanctity about it; I come, I shall sing to you; but one thing you must promise me.” “Every thing!” said the Emperor; and he stood there in his imperial robes, which he had put on himself, and pressed the sword which was heavy with gold to his heart. “One thing I beg of you; tell no one that you have a little bird that tells you everything. Then it will go all the better.” And the Nightingale flew away. The servants came in to look to their dead Emperor—and—yes, there they stood, and the Emperor said, “Good-morning.” The End ARRANGED AND PRINTED BY D. B. UPDIKE The Merrymount Press AT 104 CHESTNUT STREET, BOSTON, U. S. A. Transcriber’s Note Some corrections have been made, including fixing punctuation. The following correction has been made to the text: p. 7: And look at the little throat, how its working -> And look at the little throat, how it’s working *** END OF THE PROJECT GUTENBERG EBOOK THE NIGHTINGALE *** 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.