The Project Gutenberg eBook of He would be a hero
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: He would be a hero
Author: Ray Humphreys
Release date: September 29, 2026 [eBook #79686]
Language: English
Original publication: New York, NY: Street & Smith Corporation, 1927
Other information and formats: www.gutenberg.org/ebooks/79686
Credits: Prepared by volunteers at BookCove (bookcove.net)
*** START OF THE PROJECT GUTENBERG EBOOK HE WOULD BE A HERO ***
HE WOULD BE A HERO
By Ray Humphreys
Author of “The Marsh Spook,” etc.
It was noon on rodeo day in Monte Vista. Sheriff Joe Cook sat in his
office, drumming nervously on his desk with his finger tips. His ruddy
face was seamed with worry. He looked hard and long at his fidgeting
deputy, “Shorty” McKay, who stood on the other side of the desk, eyes
down, fumbling with the Stetson hat he held in his hands. There was a
long silence.
“Waal,” said the sheriff, finally, with more sorrow than anger in his
drawl, “ef yuh insist on puttin’ pleasure before business in an
emergency like this, just hop to it—go on out to the rodeo in yuhr
yaller shirt an’ yuhr purple necktie an’ gather in the applause while
yuh leaves me alone to try to gather in Manuel Perida.”
“I’d like to help yuh git Manuel,” interrupted Shorty, earnestly, “but,
boss, I gotta take part in that International Covered Wagon race on the
program this afternoon. Didn’t the chamber o’ commerce choose me to
represent America in that race, an’ what ef I never showed up, after
practicin’ fer weeks, an’ trainin’ them broncs to run like holy heck?”
“Have it yuhr own way, o’ course!” cut in Sheriff Cook, grimly. “The
fact that Manuel Perida runs amuck this mawnin’ an’ holds up the Dawson
drug store an’ shoots two men an’ then disappears shouldn’t interfere
with yuh havin’ yuhr fun. Waal, dang it, have it, but fust hand over
that badge—yuh ain’t no deputy no longer!”
Shorty’s face went white, but he hesitated only the fraction of a
second. He unpinned the star from his vest with clumsy, shaking fingers.
He laid it, face up, on the sheriff’s desk. Then he backed away as
though he feared his late boss might take a swing at him.
The sheriff reached for the badge and put it in his pocket. He was
evidently restraining himself with the greatest difficulty. He itched to
knock some sense into Shorty, but he refrained and instead of leaping
for his one-time assistant the sheriff contented himself with a terse
remark.
“Thar is one born every minute!” said Cook significantly.
“One—one what?” stammered Shorty, not understanding.
“One fool—like Barnum said!” snapped the sheriff, scraping his feet
threateningly. “Now git out before I throws yuh out!”
Shorty departed quickly, needing no second order. The minute the door
slammed on him, the sheriff got busy on the telephone, calling up a
dozen young bloods of the town whom he could trust. To each he told
substantially the same story, something like this:
“This is the sheriff talkin’. Jim, I want yuh to come right over quick.
I’m gonna deputize yuh to help me look fer that crazy Manuel Perida, who
held up the drug store this mawnin’. Yes—I’ve looked considerable
already, but thar’s such a big rodeo crowd in town that dodgin’ is purty
good. I got the roads guarded with volunteers an’ I’m sure he ain’t left
town. Come on over quick as yuh kin—I needs help an’ a whoopin’ lot o’
it.”
The gang came, of course. They were sworn in before the justice of the
peace and Sheriff Cook dispatched them in various directions; ordering
them to take no chances if they met Manuel Perida, who was probably
desperate enough, the sheriff thought, to do some more shooting if
cornered. The sheriff said nothing of Shorty, or of Shorty’s enforced
resignation, except to mention, sarcastically, that Shorty was too busy
in the rodeo to help hunt the criminal.
The rodeo, meanwhile, had welcomed Shorty with open arms. The
International Covered Wagon race, in which Shorty was entered to
represent America, was a feature event of the afternoon’s program. Two
huge covered wagons, each drawn by six half-wild mustangs, were to race
two miles, twice around the rodeo track. Shorty, who had the American
flag draped on each side of his wagon, had accumulated and trained a
motley collection of horses. He had made up his mind to win. Señor Julio
Quijano, who had entered an outfit to represent the Mexican Republic,
also desired to win, however, and he had thought himself out a splendid
plan. Instead of using half-wild broncs he had collected and drilled
half a dozen of his faster cow ponies. It was sure to be a great race.
“I got two dollars an’ fifteen cents up on yuh to win, Shorty,” said
Eddie Owens, one of the rodeo committeemen, as Shorty arrived at the
rodeo corrals. “An’ by golly, yuh got to win! Yuh got to uphold the
glory o’ America, the honor o’ Monte Vista, the reputation o’ the
sheriff’s office, an’ the safety o’ my two dollars an’ fifteen cents!
Win? Why, boy—yuh just gotta win!”
“I aim to do it, Eddie,” said Shorty, sadly, “but don’t mention no
sheriff’s office to me, please.”
“Huh?” asked Eddie.
“Look!” cried Shorty, and he pointed at the big covered wagon that was
entering the infield. It was drawn by a six-horse hitch of sturdy cow
ponies, most of them paints, but it wasn’t the horses that had attracted
Shorty’s attention. It was the driver. Instead of Señor Julio Quijano,
there was a girl on the driver’s seat, handling the ribbons. A very
pretty girl, costumed in the high comb and vivid shawl and short skirt
of Spain.
“Gee, Julio’s daughter——” began Eddie, in admiration.
“Miss Marie Quijano will drive the Republic o’ Mexico’s entry in the
International Covered Wagon race,” announced Tod Sloan, the gentleman
with the megaphone, as the señorita drove her outfit around in front of
the grand stand, “while Mister Shorty McKay will drive the American
entry. Let’s go!”
“A fine stunt,” growled Shorty; “puttin’ in a gal to race agin’ me!
It’ll be duck soup ef she don’t git kilt. I got a notion——”
“A fine stunt!” grinned the Señor Quijano, strolling up. “The people,
they all cheer for the señorita—yes—and more they cheer, faster my
daughter go! I bet we win!”
“I got twenty cents more I’ll bet,” began Eddie Owens.
“I accept!” and Quijano smiled, bowing low.
Shorty snorted and ran for his outfit. His team was hitched and waiting,
with rodeo employees at the horses’ heads. There was an admiring crowd
about the wagon. As Shorty arrived, Dave Brofman, one of the sheriff’s
new deputies, greeted him cordially.
“Boss here?” asked Shorty brusquely.
“Yup,” said Brofman, “we’re all here, lookin’ fer Perida. We combed the
town fine but he wasn’t thar. Sheriff thinks he’s in the crowd out
here—a lot o’ Mexicans here, yuh know.”
“Huh!” said Shorty, climbing to the wagon seat.
Five minutes later the two entries in the International Covered Wagon
race stood at the starting line, on the track, in front of the grand
stand. Enthusiasm was at high pitch. All the while spectators were
cheering for Shorty at first, but when the pretty Señorita Quijano
smiled a dazzling smile at the grand stand, Shorty lost twenty-five per
cent of his admirers. The Mexicans, of course, were behind the
señorita—solidly. Much money had been wagered on the race, which had
been advertised up and down the San Luis valley as the big event of the
rodeo. National feeling had been aroused. At the last moment Eddie Owens
had been challenged by a strange Mexican to bet another dollar on the
race, and as the teams lined up Eddie was anxiously buttonholing all
friends in sight, begging for the loan of a dollar.
“I’m plungin’,” admitted Eddie recklessly.
The real plungers, at that moment, however, were the twelve broncs out
on the track. The starter’s pistol cracked and the two big wagons
lurched forward as one, with every bronc straining in the traces. The
grand stand rose as one man and whooped. The señorita had the rail,
which Shorty had graciously granted her without argument. Shorty stood
up, anchored by his lines, and yelled at his horses. The girl shook out
her reins vigorously. It was a mad scramble from the very start and the
big canvas-covered wagons swayed and creaked.
“Thar is one born every minute!” said Sheriff Joe Cook sadly, as he
watched the start. The sheriff was weary. He and his twelve volunteer
deputies had searched in vain for Manuel Perida.
“One what?” asked Doc Healey, standing beside the sheriff.
“One fool—like Shorty!” explained Cook, drearily.
At the quarter post the two racing teams were practically neck and neck.
At the half Shorty’s lead team of gray bronchos were perhaps a head in
front of the señorita’s calico leaders. The grand stand was shouting
itself hoarse.
“Señorita!”
“Shorty!”
The Mexican section of the grand stand had lost all semblance of order.
Sleek Mexican merchants were tossing expensive hats high in the air and
not bothering to watch where they lit. Fat señoras were embracing one
another. Prayers and pious exclamations mingled with more expressive
expletives. Eddie Owens had lost his head completely. He had just bet
his silver cigarette case, his signet ring, his watch and watch charm,
and he was now looking for some one who would put up something against
his new seven-dollar emerald-colored shirt.
“Señorita—ah, the señorita!”
“Come on, Shorty, come on!”
At the half Shorty had lost his lead. The señorita’s calico lead team
had forged ahead half a length, but she lost that advantage on the
three-quarter turn, and the two teams swung recklessly into the home
stretch coming as hard as the dozen crazy ponies could gallop. The
señorita, it appeared, was an excellent driver. She handled her ribbons
with skill, but Shorty was not only a good driver, he was a bit of a
daredevil, too. He was standing up now, cracking his whip, and the
ponies in his hitch were scurrying forward with apprehensive, quivering
flanks. They were running! Shorty was ahead, by a matter of inches, as
the two outfits swept past the grand stand. There was another mile to
go. The crowds cheered madly.
“I’ve just bet my boots, Shorty; an’ my vest, an’ my belt, an’ my ridin’
breeches!” whooped Eddie Owens in supplication, as the racers passed.
“Yuh gotta win—Shorty—_yuh gotta!_”
But Shorty didn’t hear Eddie’s shout. He was too busy swinging his six
around the quarter turn again. The señorita had begun to use her whip
with telling effect. The two outfits were again neck and neck. The rodeo
committee in the judges’ stand were swearing that this was the race of
races! Monte Vista had never seen such a thrilling event as this
International Covered Wagon race before. The Mexicans in the south end
of the grand stand were reminding the saints that the señorita must win!
Eddie Owens had offered to bet a week’s labor at anything—wood chopping,
bean hoeing, or sheep shearing—against a thin dime, even a Canadian
dime, that Shorty would win.
Around the curve went the raging teams, the señorita’s paints pulling
ahead inch by inch. Shorty gritted his teeth. The glory of the United
States, the honor of Monte Vista, the safety of Eddie Owens’ two dollars
and fifteen cents, to say nothing about the security of Eddie’s hat,
pants, shirt, were all at stake. Shorty swung his long whip dexterously,
but this time the whip did more than hiss through the air. It barely
touched the off gray on Shorty’s lead team, but that animal jumped as
though a bee had struck it. Its teammate followed suit. Then the swing
team increased its gallop, and the wheelers whirled after perforce. Inch
by inch Shorty recovered his lost ground.
“Giddap!” whooped Shorty, as the two scrambling ponies flattened out for
real speed on the back stretch of the track. “Come on along, yuh
fuzztails! Shake a laig! We gotta win this race—I need that hundred
dollars—I’m outta a job account o’ yuh fuzzies! Let’s
go—yippee—_whoopee-ee-ee!_”
The long whip whistled through the air, aimed for a lagging swing team
animal, but never landed. Before it reached its mark there was a scream
from the señorita—a wild piercing scream—and Shorty dropped the whip as
though he had been shot. The señorita, sitting sideways on the wagon
seat, flung both hands heavenward and screamed again. The reins dropped
from her lap and were whirled over the dash in the twinkling of an eye.
The señorita’s face was deathly pale, and the paint ponies, sensing that
something was wrong, took their bits in their teeth. They’d run sure
enough now!
The grand stand heard those blood-curdling screams, but not as plainly
as Shorty heard them! The grand stand grew strangely mute as the
señorita’s teams took their heads. The girl fixed her gaze on Shorty for
the briefest of a fleeting moment. Her hands were still high in the air;
her face was blanched with terror; her eyes wide and appealing. Then she
went on until the top of her covered wagon shut her off from Shorty’s
sight, for her six paints were running with a vengeance now. Shorty had
a second to think. He yelled at his horses, reached for the whip, missed
it, and remembered he had dropped it. Then his eyes lit on a little pile
of pebbles he had thoughtfully stored away at one end of the seat for
the express benefit of the near gray leader—a vicious horse that
generally had to be pelted to make any speed. Shorty reached for the
little stones. He threw one at the near leader, hit the off leader with
another. Gradually—with heartbreaking deliberation, it seemed—Shorty
began to overhaul the señorita’s outfit.
“She’ll crash the fence, sure,” cried Shorty, “fer thar’s no stoppin’
them broncs now! I got one chance in a thousand, I’ll——”
It seemed an age to the spectators before Shorty’s wagon, careening from
side to side, crept up on the Quijano wagon. It seemed an eternity
before the crowds saw Shorty stand up and prepare for action. Some
thought he would snatch the girl from her perilous seat on the runaway
wagon. Others decided, on the spur of the moment, that Shorty would
desert his outfit and leap to the other wagon and endeavor to stop it.
Another scream from the girl! Shorty dropped his handful of reins, and
jumped. The crowd caught its breath. For a brief moment it looked as
though Shorty had leaped short, but he hadn’t. He scrambled up on the
señorita’s wagon, seized her in his arms, and jumped again; this time
off the señorita’s outfit and toward the grassy infield, where a soft
landing might be possible. It was a flying leap from a swaying wagon.
There had been no time to judge distances accurately. The crowd began to
cheer just as Shorty, with the señorita held close, struck the infield
fence—and the cheer changed to a long-drawn groan.
The fence, aged and weathered, gave away under the impact. The girl and
her rescuer rolled to the ground just as a thunderous crash echoed over
the arena. The two speeding wagons had come together with a terrific
smash. Splinters flew through the air. An injured horse screamed in
pain. The dust cleared away, to show one wagon on its side, the other
wagon partly on top of it, while a tangled mass of crazed horses,
several of them squealing, were kicking and biting in a desperate effort
to flee the mêlée. The spectators and the rodeo hands stood paralyzed
for a full minute.
“Hurt?” groaned Shorty, shaking the wan señorita.
“No—no!” cried the señorita, struggling to sit up. “It was awful—it was
Manuel—his senses have deserted him! Early this morning he begged that
he might hide in our big wagon. I thought he was sick—he look so bad!
Then I hear that the white men want him! I beg father to let me drive
the wagon so that he should not find my Manuel in it. We were engaged,
señor! So I drive, but Manuel suddenly jump up from under tarpaulin in
wagon, an’ point gun an’ say he keel me an’ himself! I scream then,
an’——”
“Manuel?” asked Shorty, blinking, while his mouth twitched in pain.
“Manuel—Manuel who? I seem to remember——”
“Manuel Perida, my fiancé,” began the señorita, sobbing.
Shorty jumped to his feet. He saw people running toward the scrambled
wagons. Others were coming toward him and the girl. He whirled and made
for the wrecked wagons, diving into the pile of débris. His head hurt,
his knees gave way beneath him, but he went on. He yanked his handcuffs
off his belt, and when he saw an unconscious man in the ripped bed of
the señorita’s wagon, he snapped the cuffs over that man’s yielding
wrists. He dragged him out—one step, two steps, three steps,
four—five—and then Shorty suddenly keeled over. He went down in a heap.
Sheriff Cook and his friend, Doc Healey, were the first to reach
Shorty’s side. The doctor bent over and began to feel the senseless
deputy with expert hands. The sheriff looked at the man cuffed to Shorty
and recognized the swarthy fellow as Manuel Perida, for whom he and all
his volunteer deputies had searched all day in vain. Tears came to the
sheriff’s eyes as he looked on the battered Shorty. The ex-deputy was
barely breathing, it seemed. His face was cut and bruised. One arm was
bent back under him. His clothing was torn. Doc Healey was working
feverishly. Other men ran up, taking off their hats.
“Waal,” groaned Sheriff Cook mournfully, gazing at his late deputy, “he
insisted on all this hisself—got hisself to blame—murdered hisself
recklessly—he would race—he would be a hero despite all! As I told him
just this mawnin’—as Barnum said once, thar’s one born every minute——”
Doc Healey looked up with an expansive grin.
“An’ most o’ ’em live,” said the doctor, suavely. “This kid has got a
coupla broken ribs an’ he’s fainted from pain—but in a day or two he’ll
be snappin’ out of it nice; it ain’t very serious——”
“Just a minute,” whispered the perspiring sheriff. He dived into his
pocket. He withdrew a glittering deputy’s badge. He leaned over and
pinned it on the unconscious Shorty’s vest with trembling fingers. Then
he stood up and spoke to the throng.
“Shorty is a fool,” he said, “fer luck!”
[Notes on the Text: This story appeared in _Western Story Magazine_,
July 30, 1927. It is believed to be in the public domain in the United
States; copyright status may differ in other countries.]
*** END OF THE PROJECT GUTENBERG EBOOK HE WOULD BE A HERO ***
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 41 Watchung Plaza #516,
Montclair NJ 07042, USA, +1 (862) 621-9288. 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.
