Project Gutenberg's Kilmeny of the Orchard, by Lucy Maud Montgomery This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Kilmeny of the Orchard Author: Lucy Maud Montgomery Release Date: March, 2004 [EBook #5341] This file was first posted on July 2, 2002 Last Updated: October 6, 2016 Language: English Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK KILMENY OF THE ORCHARD *** Text file produced by Elizabeth Morton, Mary Mark Ockerbloom, and Ben Crowder HTML file produced by David Widger
“Kilmeny looked up with a lovely grace,
But nae smile was seen on Kilmeny’s face;
As still was her look, and as still was her ee,
As the stillness that lay on the emerant lea,
Or the mist that sleeps on a waveless sea.
. . . . . . . . . . . . .
Such beauty bard may never declare,
For there was no pride nor passion there;
. . . . . . . . . . . . .
Her seymar was the lily flower,
And her cheek the moss-rose in the shower;
And her voice like the distant melodye
That floats along the twilight sea.”
— The Queen’s Wake
JAMES HOGG
“‘O’er the foam
Of perilous seas in faerie lands forlorn.’”
“Wire me if you can come; and if you can, report for duty on the
twenty-third of May.”
Mr. Marshall, Senior, came in, just as Eric was thoughtfully folding up
his letter. The former looked more like a benevolent old clergyman or
philanthropist than the keen, shrewd, somewhat hard, although just and
honest, man of business that he really was. He had a round, rosy face,
fringed with white whiskers, a fine head of long white hair, and a
pursed-up mouth. Only in his blue eyes was a twinkle that would have made
any man who designed getting the better of him in a bargain think twice
before he made the attempt.
It was easily seen that Eric must have inherited his personal beauty and
distinction of form from his mother, whose picture hung on the dark wall
between the windows. She had died while still young, when Eric was a boy
of ten. During her lifetime she had been the object of the passionate
devotion of both her husband and son; and the fine, strong, sweet face of
the picture was a testimony that she had been worthy of their love and
reverence. The same face, cast in a masculine mold, was repeated in Eric;
the chestnut hair grew off his forehead in the same way; his eyes were
like hers, and in his grave moods they held a similar expression, half
brooding, half tender, in their depths.
Mr. Marshall was very proud of his son’s success in college, but he had no
intention of letting him see it. He loved this boy of his, with the dead
mother’s eyes, better than anything on earth, and all his hopes and
ambitions were bound up in him.
“Well, that fuss is over, thank goodness,” he said testily, as he dropped
into his favourite chair.
“Didn’t you find the programme interesting?” asked Eric absently.
“Most of it was tommyrot,” said his father. “The only things I liked were
Charlie’s Latin prayer and those pretty little girls trotting up to get
their diplomas. Latin IS the language for praying in, I do believe,—at
least, when a man has a voice like Old Charlie’s. There was such a
sonorous roll to the words that the mere sound of them made me feel like
getting down on my marrow bones. And then those girls were as pretty as
pinks, now weren’t they? Agnes was the finest-looking of the lot in my
opinion. I hope it’s true that you’re courting her, Eric?”
“Confound it, father,” said Eric, half irritably, half laughingly, “have
you and David Baker entered into a conspiracy to hound me into matrimony
whether I will or no?”
“I’ve never said a word to David Baker on such a subject,” protested Mr.
Marshall.
“Well, you are just as bad as he is. He hectored me all the way home from
the college on the subject. But why are you in such a hurry to have me
married, dad?”
“Because I want a homemaker in this house as soon as may be. There has
never been one since your mother died. I am tired of housekeepers. And I
want to see your children at my knees before I die, Eric, and I’m an old
man now.”
“Well, your wish is natural, father,” said Eric gently, with a glance at
his mother’s picture. “But I can’t rush out and marry somebody off-hand,
can I? And I fear it wouldn’t exactly do to advertise for a wife, even in
these days of commercial enterprise.”
“Isn’t there ANYBODY you’re fond of?” queried Mr. Marshall, with the
patient air of a man who overlooks the frivolous jests of youth.
“No. I never yet saw the woman who could make my heart beat any faster.”
“I don’t know what you young men are made of nowadays,” growled his
father. “I was in love half a dozen times before I was your age.”
“You might have been ‘in love.’ But you never LOVED any woman until you
met my mother. I know that, father. And it didn’t happen till you were
pretty well on in life either.”
“You’re too hard to please. That’s what’s the matter, that’s what’s the
matter!”
“Perhaps I am. When a man has had a mother like mine his standard of
womanly sweetness is apt to be pitched pretty high. Let’s drop the
subject, father. Here, I want you to read this letter—it’s from
Larry.”
“Humph!” grunted Mr. Marshall, when he had finished with it. “So Larry’s
knocked out at last—always thought he would be—always expected
it. Sorry, too. He was a decent fellow. Well, are you going?”
“Yes, I think so, if you don’t object.”
“You’ll have a pretty monotonous time of it, judging from his account of
Lindsay.”
“Probably. But I am not going over in search of excitement. I’m going to
oblige Larry and have a look at the Island.”
“Well, it’s worth looking at, some parts of the year,” conceded Mr.
Marshall. “When I’m on Prince Edward Island in the summer I always
understand an old Scotch Islander I met once in Winnipeg. He was always
talking of ‘the Island.’ Somebody once asked him, ‘What island do you
mean?’ He simply LOOKED at that ignorant man. Then he said, ‘Why, Prince
Edward Island, mon. WHAT OTHER ISLAND IS THERE?’ Go if you’d like to. You
need a rest after the grind of examinations before settling down to
business. And mind you don’t get into any mischief, young sir.”
“Not much likelihood of that in a place like Lindsay, I fancy,” laughed
Eric.
“Probably the devil finds as much mischief for idle hands in Lindsay as
anywhere else. The worst tragedy I ever heard of happened on a backwoods
farm, fifteen miles from a railroad and five from a store. However, I
expect your mother’s son to behave himself in the fear of God and man. In
all likelihood the worst thing that will happen to you over there will be
that some misguided woman will put you to sleep in a spare room bed. And
if that does happen may the Lord have mercy on your soul!”
“A blossom vermeil white
That lightly breaks a faded flower sheath,
Here, by God’s rood, is the one maid for me.”
The next moment he was angry with himself for his folly. She was, after
all, nothing but a child—and a child set apart from her fellow
creatures by her sad defect. He must not let himself think nonsense.
“Thank you. These June lilies are the sweetest flowers the spring brings
us. Do you know that their real name is the white narcissus?” She looked
pleased and interested.
“No, I did not know,” she wrote. “I have often read of the white narcissus
and wondered what it was like. I never thought of it being the same as my
dear June lilies. I am glad you told me. I love flowers very much. They
are my very good friends.”
“You couldn’t help being friends with the lilies. Like always takes to
like,” said Eric. “Come and sit down on the old bench—here, where
you were sitting that night I frightened you so badly. I could not imagine
who or what you were. Sometimes I thought I had dreamed you—only,”
he added under his breath and unheard by her, “I could never have dreamed
anything half so lovely.”
She sat down beside him on the old bench and looked unshrinkingly in his
face. There was no boldness in her glance—nothing but the most
perfect, childlike trust and confidence. If there had been any evil in his
heart—any skulking thought, he was afraid to acknowledge—those
eyes must have searched it out and shamed it. But he could meet them
unafraid. Then she wrote,
“I was very much frightened. You must have thought me very silly, but I
had never seen any man except Uncle Thomas and Neil and the egg peddler.
And you are different from them—oh, very, very different. I was
afraid to come back here the next evening. And yet, somehow, I wanted to
come. I did not want you to think I did not know how to behave. I sent
Neil back for my bow in the morning. I could not do without it. I cannot
speak, you know. Are you sorry?”
“I am very sorry for your sake.”
“Yes, but what I mean is, would you like me better if I could speak like
other people?”
“No, it does not make any difference in that way, Kilmeny. By the way, do
you mind my calling you Kilmeny?”
She looked puzzled and wrote, “What else should you call me? That is my
name. Everybody calls me that.”
“But I am such a stranger to you that perhaps you would wish me to call
you Miss Gordon.”
“Oh, no, I would not like that,” she wrote quickly, with a distressed look
on her face. “Nobody ever calls me that. It would make me feel as if I
were not myself but somebody else. And you do not seem like a stranger to
me. Is there any reason why you should not call me Kilmeny?”
“No reason whatever, if you will allow me the privilege. You have a very
lovely name—the very name you ought to have.”
“I am glad you like it. Do you know that I was called after my grandmother
and she was called after a girl in a poem? Aunt Janet has never liked my
name, although she liked my grandmother. But I am glad you like both my
name and me. I was afraid you would not like me because I cannot speak.”
“You can speak through your music, Kilmeny.”
She looked pleased. “How well you understand,” she wrote. “Yes, I cannot
speak or sing as other people can, but I can make my violin say things for
me.”
“Do you compose your own music?” he asked. But he saw she did not
understand him. “I mean, did any one ever teach you the music you played
here that evening?”
“Oh, no. It just came as I thought. It has always been that way. When I
was very little Neil taught me to hold the violin and the bow, and the
rest all came of itself. My violin once belonged to Neil, but he gave it
to me. Neil is very good and kind to me, but I like you better. Tell me
about yourself.”
The wonder of her grew upon him with every passing moment. How lovely she
was! What dear little ways and gestures she had—ways and gestures as
artless and unstudied as they were effective. And how strangely little her
dumbness seemed to matter after all! She wrote so quickly and easily, her
eyes and smile gave such expression to her mobile face, that voice was
hardly missed.
They lingered in the orchard until the long, languid shadows of the trees
crept to their feet. It was just after sunset and the distant hills were
purple against the melting saffron of the sky in the west and the
crystalline blue of the sky in the south. Eastward, just over the fir
woods, were clouds, white and high heaped like snow mountains, and the
westernmost of them shone with a rosy glow as of sunset on an Alpine
height.
The higher worlds of air were still full of light—perfect, stainless
light, unmarred of earth shadow; but down in the orchard and under the
spruces the light had almost gone, giving place to a green, dewy dusk,
made passionately sweet with the breath of the apple blossoms and mint,
and the balsamic odours that rained down upon them from the firs.
Eric told her of his life, and the life in the great outer world, in which
she was girlishly and eagerly interested. She asked him many questions
about it—direct and incisive questions which showed that she had
already formed decided opinions and views about it. Yet it was plain to be
seen that she did not regard it as anything she might ever share herself.
Hers was the dispassionate interest with which she might have listened to
a tale of the land of fairy or of some great empire long passed away from
earth.
Eric discovered that she had read a great deal of poetry and history, and
a few books of biography and travel. She did not know what a novel meant
and had never heard of one. Curiously enough, she was well informed
regarding politics and current events, from the weekly paper for which her
uncle subscribed.
“I never read the newspaper while mother was alive,” she wrote, “nor any
poetry either. She taught me to read and write and I read the Bible all
through many times and some of the histories. After mother died Aunt Janet
gave me all her books. She had a great many. Most of them had been given
to her as prizes when she was a girl at school, and some of them had been
given to her by my father. Do you know the story of my father and mother?”
Eric nodded.
“Yes, Mrs. Williamson told me all about it. She was a friend of your
mother.”
“I am glad you have heard it. It is so sad that I would not like to tell
it, but you will understand everything better because you know. I never
heard it until just before mother died. Then she told me all. I think she
had thought father was to blame for the trouble; but before she died she
told me she believed that she had been unjust to him and that he had not
known. She said that when people were dying they saw things more clearly
and she saw she had made a mistake about father. She said she had many
more things she wanted to tell me, but she did not have time to tell them
because she died that night. It was a long while before I had the heart to
read her books. But when I did I thought them so beautiful. They were
poetry and it was like music put into words.”
“I will bring you some books to read, if you would like them,” said Eric.
Her great blue eyes gleamed with interest and delight.
“Oh, thank you, I would like it very much. I have read mine over so often
that I know them nearly all by heart. One cannot get tired of really
beautiful things, but sometimes I feel that I would like some new books.”
“Are you never lonely, Kilmeny?”
“Oh, no, how could I be? There is always plenty for me to do, helping Aunt
Janet about the house. I can do a great many things”—she glanced up
at him with a pretty pride as her flying pencil traced the words. “I can
cook and sew. Aunt Janet says I am a very good housekeeper, and she does
not praise people very often or very much. And then, when I am not helping
her, I have my dear, dear violin. That is all the company I want. But I
like to read and hear of the big world so far away and the people who live
there and the things that are done. It must be a very wonderful place.”
“Wouldn’t you like to go out into it and see its wonders and meet those
people yourself?” he asked, smiling at her.
At once he saw that, in some way he could not understand, he had hurt her.
She snatched her pencil and wrote, with such swiftness of motion and
energy of expression that it almost seemed as if she had passionately
exclaimed the words aloud,
“No, no, no. I do not want to go anywhere away from home. I do not want
ever to see strangers or have them see me. I could not bear it.”
He thought that possibly the consciousness of her defect accounted for
this. Yet she did not seem sensitive about her dumbness and made frequent
casual references to it in her written remarks. Or perhaps it was the
shadow on her birth. Yet she was so innocent that it seemed unlikely she
could realize or understand the existence of such a shadow. Eric finally
decided that it was merely the rather morbid shrinking of a sensitive
child who had been brought up in an unwholesome and unnatural way. At last
the lengthening shadows warned him that it was time to go.
“You won’t forget to come to-morrow evening and play for me,” he said,
rising reluctantly. She answered by a quick little shake of her sleek,
dark head, and a smile that was eloquent. He watched her as she walked
across the orchard,
“With the moon’s beauty and the moon’s soft pace,”
and along the wild cherry lane. At the corner of the firs she paused and
waved her hand to him before turning it.
When Eric reached home old Robert Williamson was having a lunch of bread
and milk in the kitchen. He looked up, with a friendly grin, as Eric
strode in, whistling.
“Been having a walk, Master?” he queried.
“Yes,” said Eric.
Unconsciously and involuntarily he infused so much triumph into the simple
monosyllable that even old Robert felt it. Mrs. Williamson, who was
cutting bread at the end of the table, laid down her knife and loaf, and
looked at the young man with a softly troubled expression in her eyes. She
wondered if he had been back to the Connors orchard—and if he could
have seen Kilmeny Gordon again.
“You didn’t discover a gold mine, I s’pose?” said old Robert dryly. “You
look as if you might have.”
“‘Kilmeny, Kilmeny, where have you been?
Long hae we sought baith holt and den,—
By linn, by ford, and greenwood tree!
Yet you are halesome and fair to see.
Where got you that joup o’ the lily sheen?
That bonny snood o’ the birk sae green,
And those roses, the fairest that ever was seen?
Kilmeny, Kilmeny, where have you been?’
“Only it’s a lily and not a rose you are carrying. I might go on and quote
the next couplet too—
“‘Kilmeny looked up with a lovely grace,
But there was nae smile on Kilmeny’s face.’
“Why are you looking so sober?”
Kilmeny did not have her slate with her and could not answer; but Eric
guessed from something in her eyes that she was bitterly contrasting the
beauty of the ballad’s heroine with her own supposed ugliness.
“Come down to the house, Kilmeny. I have something there to show you—something
lovelier than you have ever seen before,” he said, with boyish pleasure
shining in his eyes. “I want you to go and put on that muslin dress you
wore last Sunday evening, and pin up your hair the same way you did then.
Run along—don’t wait for me. But you are not to go into the parlour
until I come. I want to pick some of those Mary-lilies up in the orchard.”
When Eric returned to the house with an armful of the long stemmed, white
Madonna lilies that bloomed in the orchard Kilmeny was just coming down
the steep, narrow staircase with its striped carpeting of homespun
drugget. Her marvelous loveliness was brought out into brilliant relief by
the dark wood work and shadows of the dim old hall.
She wore a trailing, clinging dress of some creamy tinted fabric that had
been her mother’s. It had not been altered in any respect, for fashion
held no sway at the Gordon homestead, and Kilmeny thought that the dress
left nothing to be desired. Its quaint style suited her admirably; the
neck was slightly cut away to show the round white throat, and the sleeves
were long, full “bishops,” out of which her beautiful, slender hands
slipped like flowers from their sheaths. She had crossed her long braids
at the back and pinned them about her head like a coronet; a late white
rose was fastened low down on the left side.
“‘A man had given all other bliss
And all his worldly wealth for this—
To waste his whole heart in one kiss
Upon her perfect lips,’”
quoted Eric in a whisper as he watched her descend. Aloud he said,
“Take these lilies on your arm, letting their bloom fall against your
shoulder—so. Now, give me your hand and shut your eyes. Don’t open
them until I say you may.”
He led her into the parlour and up to the mirror.
“Look,” he cried, gaily.
Kilmeny opened her eyes and looked straight into the mirror where, like a
lovely picture in a golden frame, she saw herself reflected. For a moment
she was bewildered. Then she realized what it meant. The lilies fell from
her arm to the floor and she turned pale. With a little low, involuntary
cry she put her hands over her face.
Eric pulled them boyishly away.
“Kilmeny, do you think you are ugly now? This is a truer mirror than Aunt
Janet’s silver sugar bowl! Look—look—look! Did you ever
imagine anything fairer than yourself, dainty Kilmeny?”
She was blushing now, and stealing shy radiant glances at the mirror. With
a smile she took her slate and wrote naively,
“I think I am pleasant to look upon. I cannot tell you how glad I am. It
is so dreadful to believe one is ugly. You can get used to everything
else, but you never get used to that. It hurts just the same every time
you remember it. But why did mother tell me I was ugly? Could she really
have thought so? Perhaps I have become better looking since I grew up.”
“I think perhaps your mother had found that beauty is not always a
blessing, Kilmeny, and thought it wiser not to let you know you possessed
it. Come, let us go back to the orchard now. We mustn’t waste this rare
evening in the house. There is going to be a sunset that we shall remember
all our lives. The mirror will hang here. It is yours. Don’t look into it
too often, though, or Aunt Janet will disapprove. She is afraid it will
make you vain.”
Kilmeny gave one of her rare, musical laughs, which Eric never heard
without a recurrence of the old wonder that she could laugh so when she
could not speak. She blew an airy little kiss at her mirrored face and
turned from it, smiling happily.
On their way to the orchard they met Neil. He went by them with an averted
face, but Kilmeny shivered and involuntarily drew nearer to Eric.
“I don’t understand Neil at all now,” she wrote nervously. “He is not
nice, as he used to be, and sometimes he will not answer when I speak to
him. And he looks so strangely at me, too. Besides, he is surly and
impertinent to Uncle and Aunt.”
“Don’t mind Neil,” said Eric lightly. “He is probably sulky because of
some things I said to him when I found he had spied on us.”
That night before she went up stairs Kilmeny stole into the parlour for
another glimpse of herself in that wonderful mirror by the light of a dim
little candle she carried. She was still lingering there dreamily when
Aunt Janet’s grim face appeared in the shadows of the doorway.
“Are you thinking about your own good looks, lassie? Ay, but remember that
handsome is as handsome does,” she said, with grudging admiration—for
the girl with her flushed cheeks and shining eyes was something that even
dour Janet Gordon could not look upon unmoved.
Kilmeny smiled softly.
“I’ll try to remember,” she wrote, “but oh, Aunt Janet, I am so glad I am
not ugly. It is not wrong to be glad of that, is it?”
The older woman’s face softened.
“No, I don’t suppose it is, lassie,” she conceded. “A comely face is
something to be thankful for—as none know better than those who have
never possessed it. I remember well when I was a girl—but that is
neither here nor there. The Master thinks you are wonderful bonny,
Kilmeny,” she added, looking keenly at the girl.
Kilmeny started and a scarlet blush scorched her face. That, and the
expression that flashed into her eyes, told Janet Gordon all she wished to
know. With a stifled sigh she bade her niece good night and went away.
Kilmeny ran fleetly up the stairs to her dim little room, that looked out
into the spruces, and flung herself on her bed, burying her burning face
in the pillow. Her aunt’s words had revealed to her the hidden secret of
her heart. She knew that she loved Eric Marshall—and the knowledge
brought with it a strange anguish. For was she not dumb? All night she lay
staring wide-eyed through the darkness till the dawn.
“KILMENY.”
“I MUST see her,” said Eric desperately. “Aunt Janet, be my friend. Tell
her she must see me for a little while at least.”
Janet shook her head but went upstairs. She soon returned.
“She says she cannot come down. You know she means it, Master, and it is
of no use to coax her. And I must say I think she is right. Since she will
not marry you it is better for her not to see you.”
Eric was compelled to go home with no better comfort than this. In the
morning, as it was Sunday, he drove David Baker to the station. He had not
slept and he looked so miserable and reckless that David felt anxious
about him. David would have stayed in Lindsay for a few days, but a
certain critical case in Queenslea demanded his speedy return. He shook
hands with Eric on the station platform.
“Eric, give up that school and come home at once. You can do no good in
Lindsay now, and you’ll only eat your heart out here.”
“I must see Kilmeny once more before I leave,” was all Eric’s answer.
That afternoon he went again to the Gordon homestead. But the result was
the same; Kilmeny refused to see him, and Thomas Gordon said gravely,
“Master, you know I like you and I am sorry Kilmeny thinks as she does,
though maybe she is right. I would be glad to see you often for your own
sake and I’ll miss you much; but as things are I tell you plainly you’d
better not come here any more. It will do no good, and the sooner you and
she get over thinking about each other the better for you both. Go now,
lad, and God bless you.”
“Do you know what it is you are asking of me?” said Eric hoarsely.
“I know I am asking a hard thing for your own good, Master. It is not as
if Kilmeny would ever change her mind. We have had some experience with a
woman’s will ere this. Tush, Janet, woman, don’t be weeping. You women are
foolish creatures. Do you think tears can wash such things away? No, they
cannot blot out sin, or the consequences of sin. It’s awful how one sin
can spread out and broaden, till it eats into innocent lives, sometimes
long after the sinner has gone to his own accounting. Master, if you take
my advice, you’ll give up the Lindsay school and go back to your own world
as soon as may be.”
End of Project Gutenberg’s Kilmeny of the Orchard, by Lucy Maud Montgomery
*** END OF THIS PROJECT GUTENBERG EBOOK KILMENY OF THE ORCHARD ***
***** This file should be named 5341-h.htm or 5341-h.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/5/3/4/5341/
Text file produced by Elizabeth Morton, Mary Mark Ockerbloom, and Ben Crowder
HTML file produced by David Widger
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.
*** START: FULL LICENSE ***
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full Project
Gutenberg-tm License available with this file or online at
www.gutenberg.org/license.
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. “Project Gutenberg” is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation”
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase “Project Gutenberg” appears, or with which the phrase “Project
Gutenberg” is associated) is accessed, displayed, performed, viewed,
copied or distributed:
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase “Project Gutenberg” associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
“Plain Vanilla ASCII” or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original “Plain Vanilla ASCII” or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, “Information about donations to
the Project Gutenberg Literary Archive Foundation.”
- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.
- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.
- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
“Defects,” such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right
of Replacement or Refund” described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium with
your written explanation. The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund. If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund. If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need are critical to reaching Project Gutenberg-tm’s
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation information page at www.gutenberg.org
Section 3. Information about the Project Gutenberg Literary Archive
Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.
The Foundation’s principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at 809
North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email
contact links and up to date contact information can be found at the
Foundation’s web site and official page at www.gutenberg.org/contact
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit www.gutenberg.org/donate
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations.
To donate, please visit: www.gutenberg.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart was the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For forty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.
Most people start at our Web site which has the main PG search facility:
www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.