The Project Gutenberg eBook of In the Land of Dakota, A Little Book of North Dakota Verse, by Huldah Lucile Winsted.
The Project Gutenberg eBook of In the Land of Dakota: A Little Book of North Dakota Verse
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: In the Land of Dakota: A Little Book of North Dakota Verse
Author: Huldah Lucile Winsted
Release date: January 16, 2011 [eBook #34982]
Most recently updated: January 7, 2021
Language: English
Credits: Produced by D Alexander 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 IN THE LAND OF DAKOTA: A LITTLE BOOK OF NORTH DAKOTA VERSE ***
IN THE
LAND OF DAKOTA
A Little Book of North Dakota Verse
BY
HULDAH LUCILE WINSTED
BOSTON
RICHARD G. BADGER
THE GORHAM PRESS
Copyright, 1920, by Huldah L. Winsted
All Rights Reserved
Made in the United States of America
The Gorham Press, Boston, U. S. A.
TO MY FRIEND
MRS. WILLIAM A. ANDERSON
CONTENTS
Page
In the Land of Dakota In the East ye struggle for glory
In the East ye struggle for glory And power, and wealth, and fame, And time ye expend, and much labor, To trace down your ancestors’ name; But here in the land of Dakota Where the winds sweep over the plains, Is winnowed away much useless “chaff,” And only true worth remains.
In the East ye crush out the life-blood Of innocent children, grown old By premature toiling and labor To fill up your coffers with gold; But here in the Land of Dakota Our children are happy and free, And over the plains of its limitless mains Re-echo their laughter and glee.
In the East ye build up great mansions And sky-scrapers gaunt and high, That shut out the glory and grandeur Of the infinite tender sky; But here in the Land of Dakota Our eyes look up on high And our souls learn wonderful lessons From the white clouds sailing by.
Long ago, yes, oh, so long since,— When the world was young and fair, All the animals were friendly; E’en the bison and the bear Aided man with all their cunning, Helped him with their counsels grave, Helped him as the gods alone can— Made him wise and strong and brave. And the flowers on the prairies Blossomed ever, shy and sweet, For the land of the Dakotas Knew not frost, nor killing heat.
But there lived a dread god, North Wind, Cruel was he, with heart of stone, Feared of all and loved by no one, Living to himself alone In the land of snow and blizzard, In the land of deadening cold, Plotting ever some new mischief, Some new ravage, cruel and bold. And one day this mighty North Wind Left his throne of ice and snow, [Pg 12]In the cold, far distant northland Where the wriggling ice-worms glow; Southward came he, and the flowers Bent their lovely heads in death, For from out his icy nostrils Came an all-destroying breath.— At the mighty, stately forests Angrily his teeth he gnashed, With one mighty blow he felled them And with chains the rivers lashed; Ceased their laughter and their murmur, Ceased their sweet life-giving flow.— All the birds and beasts in terror Fled, and knew not where to go; Food they found not, and no shelter, Dying were the mortals all, And a slow relentless snow shroud Draped the earth as with a pall.— Death supreme reigned; loud the North Wind Roared defiance to the gods!— Birds and beasts and man in terror Fled, and, dying, called the gods To avenge their death and suffering, To unite them one and all In the holy cause of vengeance, To secure the North Wind’s fall.— And the South Wind, fairest maiden [Pg 13]Of the gods, took up their cause; Girded now herself for battle, And after a moment’s pause Called unto her loyal brothers, The strong East Wind, and the West, “Help revenge the suffering mortals”— And they granted her request.
Strong the fight raged in Dakota ’Twixt the North Wind and his foes, Now one side yields, now the other, Fierce and loud the tempest blows;— Savagely the monster charges Grappling with his unseen foes While a wild, chaotic blizzard, Such as ne’er was seen, arose, Hiding all within its fury, Made the daylight dark as night, For the very gods were grappling In a last terrific fight.—
Ages long the battle lasted— Then the maiden fair and lovely, Smiled benignant on her foe, And his very heart was melting (For ’twas made of ice and snow); [Pg 14]Loosed the rivers from their bondage, Vanished now the shroud of snow, And o’er North Dakota’s prairies Flowers fair began to grow; With the advent of the flowers Came the birds and beasts and man, Built again their homes and wigwams— And no more they anxious scan The horizon for the North Wind, Knowing that he’s met his fate; But the South Wind, fair and lovely Rules now o’er Dakota’s state.
Southward now each year the North Wind Wends his way to see her face, To the land of the Dakotas Where the battle once took place; Smiling sweet, the maiden greets him, Warms again his chilly heart; Satisfied, he briefly lingers— With him, winter’s cold, depart.
Such beautiful tints in the western skies! Purples and gold and the deepest rose, Crimson and scarlet the heavens suffuse Where the sun of the prairies sinks to repose;— Spaces where lingering daylight plays With the skirts of night in her sombre gown, Spaces where gathering mists hang low Ere the shadows of night come drooping down.— Such, North Dakota, thy sunsets are— Spreading their glory near and far, Flooding the soul with a holier peace That lingers long after the daylight shall cease!
Low-lying hills, “bad lands” and rolling plain, Stretching afar like billows on the main, With winding rivers seeking distant homes, And leagues of virgin prairie Where stately bison roams.
The brave Mandan, the Sheyenne and the Sioux, The Chippewa and the Grosventre too, Along the rivers and the plains did dwell; The land they called Dakota, And methink they named it well.
And here they lived for centuries untold, Watching the secrets of the plains unfold; Their homes they built and smoked the pipe of peace, And vowed by the Great Spirit Their friendship would not cease.
* * * *
Gone are the braves. The papooses and the squaw No longer wait for winter snows to thaw; The tepee’s gone, the peace pipe and the dance, Gone, gone, alas! forever, The Red Man’s fighting chance.
[Pg 17]For pale face came, and from Dakota’s plain The Red Man drove, and claimed his vast domain; No power on earth could stay the Viking’s son, For “iron men” are born In the land of midnight sun.
* * * *
Onward they came, these Northmen, feared of old, Bold pioneers, to wrest the hidden gold From North Dakota’s hills and virgin sod; The ploughshare won the land For these “master men” of God.
* * * *
Their children now look out on well-tilled fields, And garner wealth, that many a rich mine yields; The argosies of earth their treasures bear— For empty rank and title and sham, They little care.
* * * *
O boys and girls of North Dakota’s Land, Guard, love her well! Pledge her your heart and hand! Where else on earth are seen such sunset fires— What other race can boast More fearless dames and sires!
Dakota Land, Dakota Land, We love thy rolling prairies; Thy “bad lands” ’yond Missouri’s bed The fertile valley of the Red— Dakota Land, Dakota Land, We love thy rolling prairies.
Dakota Land, Dakota Land, We love thy sunset fires; Thy sunny days, thy azure skies, Thy starry nights, thy sunrise dyes— Dakota Land, Dakota Land, We love thy sunset fires.
Dakota Land, Dakota Land, We love thy modest wild rose; Thy fields of waving, golden grain, Like billows on a boundless main— Dakota Land, Dakota Land, We love thy modest wild rose.
Dakota Land, Dakota Land, We love thy changing seasons; Thy winter’s cold, thy summer nights, [Pg 20]Thy blust’ry spring, thy autumn bright— Dakota Land, Dakota Land, We love thy changing seasons.
Dakota Land, Dakota Land, We love thy far horizons; No mountains hide the gorgeous dyes That paint with splendour western skies— Dakota Land, Dakota Land, We love thy far horizons.
Pioneers of North Dakota Spread her fame! Bid thy youths and bid thy maidens Guard her name!— Tell them of your dreams and visions— Tell them of your great ambitions;— How you fought to win the land; Tell them of brave Custer’s band.
Tell them how you fought the Red Man, How he lost— Tell them North Dakota’s story And the cost!— Can they too, like you, the price pay? Can they too, like you, their lives lay Down, if need be, for their state? Dare they share her every fate?—
* * * *
To the children of Dakota This we give, First of all, a glorious vision How to live— Them we give our mines and “bad lands,“ Prairies broad and fertile wheat lands [Pg 22]Stretching from Missouri’s bed To the Valley of the Red.
And the fame of North Dakota’s name Shall rise, Like the never-tiring Phœnix To the skies!— State of promise and of fair play, State where rises bright a new day For the weak and the oppressed, State which millions shall call blest!
Men and women of Dakota Who shall say What the fruitage of our efforts Of to-day?— Labor then, nor lose the vision Of this North Dakota’s mission, To free body, soul, and mind, To help all their true work find.
We who have lived in Dakota We who have loved her right well, We who have known her, and tried her, Marvelous tales could we tell; Tales of the Sioux and the Mandan, Tales of the Sheyenne as well; Deeds of brave Custer and Sully, Fain unto you we would tell.
Hard have we worked, and we’ve conquered, Conquered the Red Man—the sod.— Over the primeval prairies Forward and onward we’ve trod. Fought we with sword and with ploughshare, Wresting our bread from the clod— Virgin and untouched we found it As left by the hand of our God.
[Pg 24]Yes, we’ve weathered the blizzards. Crop failures many we’ve known.— Early and late have we labored, Felt the cold wind to the bone.— Glad we have been when our neighbor Garnered the golden grain, Knowing our mortgage was unpaid, And all of our efforts seemed vain.
Glad have we been when the harvest Yielded an hundred-fold— Paying the debt and the mortgage, Lining our pockets with gold. Yes, we still love North Dakota, Knowing she’ll compensate well Those who are willing to try her;— To summer and winter her well.
Echoes of beloved voices Reach us in the silent night, Sooth the feverish, restless spirit, Bring us messages of light; Messages of love to cheer us Onward still, though dark the way, Whispers fraught with hope and courage For the battles of the day.
’Midst the clamor and the tumult And the din of shop and mill, Still the voices of our loved ones All our vibrant beings thrill With celestial music holy; Quenching lust, and pain and strife, Which are rife where Mammon reigneth All supreme in human life.
When the evening shadows lengthen On life’s pathway, as we go, And our sight is getting dimmer And the sands of time run low, “Courage, brother,” still they whisper, “Keep the path, we’ll guide the way, Till thou reach the land where shadows Lose themselves in Perfect Day.”
My love for thee, lips cannot tell, Nor words, nor actions, half as well As my full heart would wish; But sometimes, in another land, When we have reached the Golden Strand I know, you’ll surely understand.
It was midnight. And those spirits Who men’s destinies control Were in solemn court assembled, Waiting for the bell to toll The final hour of the year; And what happened you will hear:
Elves and gnomes and dwarfs came tripping On the light fantastic toe, From their distant caves and castles In the land of ice and snow; And the elf-king, white and hoary, From his throne arose and spoke: “Fellow spirits all, I greet you.” (And just then old Father Time Rang out the old year—1909.) “Friends, I feel our power is waning,— Man, our ward, is now proclaiming Among others, a most curious thing, That in a chair he likes to swing Because his ancestor, an ape, Was very apt to use his tape To swing himself from limb to limb Of trees and vines which on them cling. [Pg 31]Moreover, he is now so learnéd That to a fossil he is turnèd, Instead of joining our free band Of spirits, in the fairy land.”
Silence reigned supreme a moment; Then an old dwarf, ripe with age, Arose, and all those elves and fairies Bowed their heads a little space For that “grand old man,” whose wisdom In that hall rang loud and clear: “Time has come when man no longer Feels he needs invoke our aid, For creation, now he tells us, By itself was surely made;— Blind he is to Nature’s teachings, And so wise in his conceit That he would forget the lessons Taught by wayside flowers sweet; By the river and the mountain And the myriad things that creep Upon the earth. And this wondrous Human being calls himself but a machine, Classed among the things he fashions From the metals earth doth yield. Ah, his very heart is hardening— [Pg 32]Love no longer can hold sway When the heir of all creation Says he’s only made of clay.”
* * * *
I awoke from my light slumber At the New Year’s earliest beam, Pondering deeply if a lesson Could be learned, e’en from a dream.
The way is long, the night is drear, I stumble on through doubt and fear; My heart grows numb, all hope takes flight; Oh, Father, let me see the light!
Was it for me that He has died? Was it for me the Crucified Bore the deep anguish in the night?— Oh, Father, let me see the light!
O doubting child, look up and see, It was for sinners, such as thee, Christ conquered sin, and death, and night. Look up, dear child, behold The Light!
In the still watches of night Long ere the dawn comes a-creeping Over the eastern skies, Think of the hearts that are breaking;— Oh, hear the moans and the sobbing— Feel how the pulses are throbbing, Just because some one was thoughtless.— Oh, was that someone you?
There are all kinds of people we meet on the road, As we travel along life’s way; And some are surly and some are grave And others are jolly and gay. And some folks are short, while others are tall, Still others are skinny and thin— And some skip along, a-humming a song, But others are simply all in. But where’er they come from, or whither they go, We pigeon-hole each of them so, We group them, and sort them, and label them all, The short ones, the skinny, and tall.
There’s the man or the woman, the boy or the girl, That’s always a-wishing a share In somebody’s fortune, or somebody’s fame, Yes, they wish for the moon ’way up there.— Then there’s that group of persons Who talk, talk, and talk, You simply don’t know what they say— From morning till night they keep talking away, And the night is like unto the day.— But quietly along, on the very same road, Walk others, with little to say, [Pg 37]And if they have wishes (What mortals have not?), They put them discreetly away. They’re the workers, the lifters of burdens,—who dare To fight for the right if need be, Alone ’gainst a world— And defiance they hurl To all tyrants wherever they be.
You have met these three classes of people, I’m sure, As you’ve traveled adown life’s way— The folks with their wish-bone enormously grown, And the “jaw-bones,” who talk all the day.— And I know you have shunned them, As others have done From the day that time began, But you’ve hailed with delight, And you’ve longed for the sight Of the steady, quiet, “back-boned” man.
Writ in the skies above me In sentence of purest gold, In answer to age-long questions: God ruleth as of old!
THE IMMIGRANT TO THE STARS AND
STRIPES
O Flag, on all the earth the best, Thou emblem of true liberty, We, immigrants from all the earth, Pledge thee our love and loyalty! Thy crimson bars to us are dear, Thy stars with hope our hearts imbue; Thou emblem of fraternity, We will be true, yes true to you!
[Pg 42]O Flag, thou flag of Washington, Thou emblem of democracy, We’ll follow thee, whate’er befall, We pledge to thee our fealty! Our brain, our brawn, our life, our all— America, we give to you! With heart and hand we pledge anew To God and you, we will be true!
We will be true, yes, true to you, O Flag, and all for which you stand: Equality and liberty And happiness throughout the land.— Thy foster sons, America, Will serve thee well—thy daughters too; Their life, their all, they pledge anew, O Stars and Stripes, to you—to you!
Oh, oft when I come to the city, I long for the peace of the woods; For the sighing of winds in the pine trees And the laughter of running brooks; The chatter of squirrel and chipmunk, The call of the shy wood dove.— Oh, the forest’s the place to listen To that grandest of anthems—Love.
Ere the darksome shades of the forest Have vanished, at early dawn, A million happy creatures Are chanting their morning psalm; They sing of the joy of living, In happiness, peace, and love, And gratefully raise their voices To the great All-Giver above. [Pg 44]And I, in a gladsome spirit, Join in with the happy throng; Sustained, and strengthened, and soothed, By Nature’s mighty song.— And oft when I come to the city, I long for that song of love, That the forest’s happy creatures Raise to the Father above.
Oh, do not trifle with friendship, I pray, Guard it more closely each swift-flying day; Gifts the most precious, and gold cannot pay For friendship once broken. It’s vanished for aye!—
Keep clear the path to your friend’s heart, I pray! Weeds of forgetfulness soon choke the way; Pass that way often; keep polished, I pray, The flagstones that guide you down friendship’s own way!
Transcriber’s Note:
One minor change has been made (to correct thoughless to thoughtless)
for a typesetter’s error; otherwise, every effort has been made to
remain true to the author’s words and intent.
*** END OF THE PROJECT GUTENBERG EBOOK IN THE LAND OF DAKOTA: A LITTLE BOOK OF NORTH DAKOTA VERSE ***
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.