Copyright laws are changing all over the world. Be sure to check the
copyright laws for your country before downloading or redistributing
this or any other Project Gutenberg eBook.
This header should be the first thing seen when viewing this Project Gutenberg file. Please do not remove it. Do not change or edit the header without written permission.
Please read the “legal small print,” and other information about the eBook and Project Gutenberg at the bottom of this file. Included is important information about your specific rights and restrictions in how the file may be used. You can also find out about how to make a donation to Project Gutenberg, and how to get involved.
**Welcome To The World of Free Plain Vanilla Electronic Texts**
**eBooks Readable By Both Humans and By Computers, Since 1971**
*****These eBooks Were Prepared By Thousands of Volunteers!*****
Title: Emile Zola
Author: William Dean Howells
Release Date: November, 1996 [Etext #728]
[Yes, we are more than one year ahead of schedule]
[This HTML edition was first posted on April 7, 2003]
Edition: 10
Language: English
Character set encoding: ISO-8859-1
*** START OF THE PROJECT GUTENBERG EBOOK, EMILE ZOLA ***
This eBook was converted to HTML, with additional editing, by Jose Menendez
from the text edition produced by Anthony J. Adam.
IN these times of electrical movement, the sort of construction
in the moral world for which ages were once needed, takes place
almost simultaneously with the event to be adjusted in history,
and as true a perspective forms itself as any in the past. A few
weeks after the death of a poet of such great epical imagination,
such great ethical force, as Emile Zola, we may see him as
clearly and judge him as fairly as posterity alone was formerly
supposed able to see and to judge the heroes that antedated it.
The present is always holding in solution the elements of the
future and the past, in fact; and whilst Zola still lived, in the
moments of his highest activity, the love and hate, the
intelligence and ignorance, of his motives and his work were as
evident, and were as accurately the measure of progressive and
retrogressive criticism, as they will be hereafter in any of the
literary periods to come. There will never be criticism to
appreciate him more justly, to depreciate him more unjustly, than
that of his immediate contemporaries. There will never be a day
when criticism will be of one mind about him, when he will no
longer be a question, and will have become a conclusion.
A conclusion is an accomplished fact, something finally ended,
something dead; and the extraordinary vitality of Zola, when he
was doing the things most characteristic of him, forbids the
notion of this in his case. Like every man who embodies an
ideal, his individuality partook of what was imperishable in that
ideal. Because he believed with his whole soul that fiction
should be the representation, and in no measure the
misrepresentation, of life, he will live as long as any history
of literature survives. He will live as a question, a dispute,
an affair of inextinguishable debate; for the two principles of
the human mind, the love of the natural and the love of the
unnatural, the real and the unreal, the truthful and the
fanciful, are inalienable and indestructible.
Zola embodied his ideal inadequately, as every man who embodies
an ideal must. His realism was his creed, which he tried to make
his deed; but, before his fight was ended, and almost before he
began to forebode it a losing fight, he began to feel and to say
(for to feel, with that most virtuous and voracious spirit,
implied saying) that he was too much a romanticist by birth and
tradition, to exemplify realism in his work. He could not be all
to the cause he honored that other men were—men like Flaubert
and Maupassant, and Tourguenieff and Tolstoy, and Galdos and
Valdes—because his intellectual youth had been nurtured on the
milk of romanticism at the breast of his mother-time. He grew up
in the day when the great novelists and poets were romanticists,
and what he came to abhor he had first adored. He was that
pathetic paradox, a prophet who cannot practise what he preaches,
who cannot build his doctrine into the edifice of a living faith.
Zola was none the less, but all the more, a poet in this. He
conceived of reality poetically and always saw his human
documents, as he began early to call them, ranged in the form of
an epic poem. He fell below the greatest of the Russians, to
whom alone he was inferior, in imagining that the affairs of men
group themselves strongly about a central interest to which they
constantly refer, and after whatever excursions definitely or
definitively return. He was not willingly an epic poet, perhaps,
but he was an epic poet, nevertheless; and the imperfection of
his realism began with the perfection of his form. Nature is
sometimes dramatic, though never on the hard and fast terms of
the theatre, but she is almost never epic; and Zola was always
epic. One need only think over his books and his subjects to be
convinced of this: L’Assommoir and drunkenness; Nana and
harlotry; Germinal and strikes; L’Argent and money getting
and losing in all its branches; Pot-Bouille and the cruel
squalor of poverty; La Terre and the life of the peasant; La
Débâcle and the decay of imperialism. The largest of these
schemes does not extend beyond the periphery described by the
centrifugal whirl of its central motive, and the least of the
Rougon-Macquart series is of the same epicality as the grandest.
Each is bound to a thesis, but reality is bound to no thesis.
You cannot say where it begins or where it leaves off; and it
will not allow you to say precisely what its meaning or argument
is. For this reason, there are no such perfect pieces of realism
as the plays of Ibsen, which have all or each a thesis, but do
not hold themselves bound to prove it, or even fully to state it;
after these, for reality, come the novels of Tolstoy, which are
of a direction so profound because so patient of aberration and
exception.
We think of beauty as implicated in symmetry, but there are distinctly two kinds of beauty: the symmetrical and the unsymmetrical, the beauty of the temple and the beauty of the tree. Life is not more symmetrical than a tree, and the effort of art to give it balance and proportion is to make it as false in effect as a tree clipped and trained to a certain shape. The Russians and the Scandinavians alone seem to have risen to a consciousness of this in their imaginative literature, though the English have always unconsciously obeyed the law of our being in their generally crude and involuntary formulations of it. In the northern masters there is no appearance of what M. Ernest Dupuy calls the joiner-work of the French fictionalists; and there is, in the process, no joiner-work in Zola, but the final effect is joiner-work. It is a temple he builds, and not a tree he plants and lets grow after he has planted the seed, and here he betrays not only his French school but his Italian instinct.
In his form, Zola is classic, that is regular, symmetrical,
seeking the beauty of the temple rather than the beauty of the
tree. If the fight in his day had been the earlier fight between
classicism and romanticism, instead of romanticism and realism,
his nature and tradition would have ranged him on the side of
classicism, though, as in the later event, his feeling might have
been romantic. I think it has been the error of criticism not to
take due account of his Italian origin, or to recognize that he
was only half French, and that this half was his superficial
half. At the bottom of his soul, though not perhaps at the
bottom of his heart, he was Italian, and of the great race which
in every science and every art seems to win the primacy when it
will. The French, through the rhetoric of Napoleon III., imposed
themselves on the imagination of the world as the representatives
of the Latin race, but they are the least and the last of the
Latins, and the Italians are the first. To his Italian origin
Zola owed not only the moralistic scope of his literary ambition,
but the depth and strength of his personal conscience, capable of
the austere puritanism which underlies the so-called immoralities
of his books, and incapable of the peculiar lubricity which we
call French, possibly to distinguish it from the lubricity of
other people rather than to declare it a thing solely French. In
the face of all public and private corruptions, his soul is as
Piagnone as Savonarola’s, and the vices of Arrabbiati, small and
great, are always his text, upon which he preaches virtue.
Zola is to me so vast a theme that I can only hope here to touch
his work at a point or two, leaving the proof of my sayings
mostly to the honesty of the reader. It will not require so
great an effort of his honesty now, as it once would, to own that
Zola’s books, though often indecent, are never immoral, but
always most terribly, most pitilessly moral. I am not saying now
that they ought to be in every family library, or that they could
be edifyingly committed to the hands of boys and girls; one of
our first publishing houses is about to issue an edition even of
the Bible “with those passages omitted which are usually skipped
in reading aloud”; and it is always a question how much young
people can be profitably allowed to know; how much they do know,
they alone can tell. But as to the intention of Zola in his
books, I have no doubt of its righteousness. His books may be,
and I suppose they often are, indecent, but they are not immoral;
they may disgust, but they will not deprave; only those already
rotten can scent corruption in them, and these, I think, may be
deceived by effluvia from within themselves.
It is to the glory of the French realists that they broke, one and all, with the tradition of the French romanticists that vice was or might be something graceful, something poetic, something gay, brilliant, something superior almost, and at once boldly presented it in its true figure, its spiritual and social and physical squalor. Beginning with Flaubert in his Madame Bovary, and passing through the whole line of their studies in morbid anatomy, as the Germinie Lacerteux of the Goncourts, as the Bel-Ami of Maupassant, and as all the books of Zola, you have portraits as veracious as those of the Russians, or those of Defoe, whom, indeed, more than any other master, Zola has made me think of in his frankness. Through his epicality he is Defoe’s inferior, though much more than his equal in the range and implication of his work.
A whole world seems to stir in each of his books; and, though it
is a world altogether bent for the time being upon one thing, as
the actual world never is, every individual in it seems alive and
true to the fact. M. Brunetière says Zola’s characters are not
true to the French fact; that his peasants, working-men,
citizens, soldiers are not French, whatever else they may be; but
this is merely M. Brunetière’s word against Zola’s word, and Zola
had as good opportunities of knowing French life as Mr.
Brunetière, whose aesthetics, as he betrays them in his
instances, are of a flabbiness which does not impart conviction.
Word for word, I should take Zola’s word as to the fact, not
because I have the means of affirming him more reliable, but
because I have rarely known the observant instinct of poets to
fail, and because I believe that every reader will find in
himself sufficient witness to the veracity of Zola’s
characterizations. These, if they are not true to the French
fact, are true to the human fact; and I should say that in these
the reality of Zola, unreal or ideal in his larger form, his
epicality, vitally resided. His people live in the memory as
entirely as any people who have ever lived; and, however
devastating one’s experience of them may be, it leaves no doubt
of their having been.
It is not much to say of a work of literary art that it will
survive as a record of the times it treats of, and I would not
claim high value for Zola’s fiction because it is such a true
picture of the Second Empire in its decline; yet, beyond any
other books, they have the quality that alone makes novels historical.
That they include everything, that they do justice to all sides
and phases of the period, it would be fatuous to expect, and
ridiculous to demand. It is not their epical character alone
that forbids this; it is the condition of every work of art,
which must choose its point of view, and include only the things
that fall within a certain scope. One of Zola’s polemical
delusions was to suppose that a fiction ought not to be
selective, and that his own fictions were not selective, but
portrayed the fact without choice and without limitation. The
fact was that he was always choosing, and always limiting. Even
a map chooses and limits, far more a picture. Yet this delusion
of Zola’s and its affirmation resulted in no end of
misunderstanding. People said the noises of the streets, which
he supposed himself to have given with graphophonic fulness and
variety, were not music; and they were quite right. Zola, as far
as his effects were voluntary, was not giving them music; he
openly loathed the sort of music they meant just as he openly
loathed art, and asked to be regarded as a man of science rather
than an artist. Yet, at the end of the ends, he was an artist
and not a man of science. His hand was perpetually selecting his
facts, and shaping them to one epical result, with an orchestral
accompaniment, which, though reporting the rudest noises of the
street, the vulgarest, the most offensive, was, in spite of him,
so reporting them that the result was harmony.
Zola was an artist, and one of the very greatest, but even before
and beyond that he was intensely a moralist, as only the
moralists of our true and noble time have been. Not Tolstoy, not
Ibsen himself, has more profoundly and indignantly felt the
injustice of civilization, or more insistently shown the falsity
of its fundamental pretensions. He did not make his books a
polemic for one cause or another; he was far too wise and sane
for that; but when he began to write them they became alive with
his sense of what was wrong and false and bad. His tolerance is
less than Tolstoy’s, because his resignation is not so great; it
is for the weak sinners and not for the strong, while Tolstoy’s,
with that transcendent vision of his race, pierces the bounds
where the shows of strength and weakness cease and become of a
solidarity of error in which they are one. But the ethics of his
work, like Tolstoy’s, were always carrying over into his life.
He did not try to live poverty and privation and hard labor, as
Tolstoy does; he surrounded himself with the graces and the
luxuries which his honestly earned money enabled him to buy; but
when an act of public and official atrocity disturbed the working
of his mind and revolted his nature, he could not rest again till
he had done his best to right it.
The other day Zola died (by a casualty which one fancies he would
have liked to employ in a novel, if he had thought of it), and
the man whom he had befriended at the risk of all he had in the
world, his property, his liberty, his life itself, came to his
funeral in disguise, risking again all that Zola had risked, to
pay the last honors to his incomparable benefactor.
It was not the first time that a French literary man had devoted himself to the cause of the oppressed, and made it his personal affair, his charge, his inalienable trust. But Voltaire’s championship of the persecuted Protestant had not the measure of Zola’s championship of the persecuted Jew, though in both instances the courage and the persistence of the vindicator forced the reopening of the case and resulted in final justice. It takes nothing from the heroism of Voltaire to recognize that it was not so great as the heroism of Zola, and it takes nothing from the heroism of Zola to recognize that it was effective in the only country of Europe where such a case as that of Dreyfus would have been reopened; where there was a public imagination generous enough to conceive of undoing an act of immense public cruelty. At first this imagination was dormant, and the French people conceived only of punishing the vindicator along with victim, for daring to accuse their processes of injustice. Outrage, violence, and the peril of death greeted Zola from his fellow-citizens, and from the authorities ignominy, fine, and prison. But nothing silenced or deterred him, and, in the swift course of moral adjustment characteristic of our time, an innumerable multitude of those who were ready a few years ago to rend him in pieces joined in paying tribute to the greatness of his soul, at the grave which received his body already buried under an avalanche of flowers. The government has not been so prompt as the mob, but with the history of France in mind, remembering how official action has always responded to the national impulses in behalf of humanity and justice, one cannot believe that the representatives of the French people will long remain behind the French people in offering reparation to the memory of one of the greatest and most heroic of French citizens.
It is a pity for the government that it did not take part in the
obsequies of Zola; it would have been well for the army, which he
was falsely supposed to have defamed, to have been present to
testify of the real service and honor he had done it. But, in
good time enough, the reparation will be official as well as
popular, and when the monument to Zola, which has already risen
in the hearts of his countrymen, shall embody itself in enduring
marble or perennial bronze, the army will be there to join in its
consecration.
There is no reason why criticism should affect an equal
hesitation. Criticism no longer assumes to ascertain an author’s
place in literature. It is very well satisfied if it can say
something suggestive concerning the nature and quality of his
work, and it tries to say this with as little of the old air of
finality as it can manage to hide its poverty in.
After the words of M. Chaumie at the funeral, “Zola’s life work was dominated by anxiety for sincerity and truth, an anxiety inspired by his great feelings of pity and justice,” there seems nothing left to do but to apply them to the examination of his literary work. They unlock the secret of his performance, if it is any longer a secret, and they afford its justification in all those respects where without them it could not be justified. The question of immorality has been set aside, and the indecency has been admitted, but it remains for us to realize that anxiety for sincerity and truth, springing from the sense of pity and justice, makes indecency a condition of portraying human nature so that it may look upon its image and be ashamed.
The moralist working imaginatively has always had to ask himself
how far he might go in illustration of his thesis, and he has not
hesitated, or if he has hesitated, he has not failed to go far,
very far. Defoe went far, Richardson went far, Ibsen has gone
far, Tolstoy has gone far, and if Zola went farther than any of
these, still he did not go so far as the immoralists have gone in
the portrayal of vicious things to allure where he wished to
repel. There is really such a thing as high motive and such a
thing as low motive, though the processes are often so
bewilderingly alike in both cases. The processes may confound
us, but there is no reason why we should be mistaken as to
motive, and as to Zola’s motive I do not think M. Chaumie was
mistaken. As to his methods, they by no means always reflected
his intentions. He fancied himself working like a scientist who
has collected a vast number of specimens, and is deducing
principles from them. But the fact is, he was always working
like an artist, seizing every suggestion of experience and
observation, turning it to the utmost account, piecing it out by
his invention, building it up into a structure of fiction where
its origin was lost to all but himself, and often even to
himself. He supposed that he was recording and classifying, but
he was creating and vivifying. Within the bounds of his epical
scheme, which was always factitious, every person was so natural
that his characters seemed like the characters of biography
rather than of fiction. One does not remember them as one
remembers the characters of most novelists. They had their being
in a design which was meant to represent a state of things, to
enforce an opinion of certain conditions; but they themselves
were free agencies, bound by no allegiance to the general frame,
and not apparently acting in behalf of the author, but only from
their own individuality. At the moment of reading, they make the
impression of an intense reality, and they remain real, but one
recalls them as one recalls the people read of in last week’s or
last year’s newspaper. What Zola did was less to import science
and its methods into the region of fiction, than journalism and
its methods; but in this he had his will only so far as his
nature of artist would allow. He was no more a journalist than
he was a scientist by nature; and, in spite of his intentions and
in spite of his methods, he was essentially imaginative and
involuntarily creative.
To me his literary history is very pathetic. He was bred if not
born in the worship of the romantic, but his native faith was not
proof against his reason, as again his reason was not proof
against his native faith. He preached a crusade against
romanticism, and fought a long fight with it, only to realize at
last that he was himself too romanticistic to succeed against it,
and heroically to own his defeat. The hosts of romanticism
swarmed back over him and his followers, and prevailed, as we see
them still prevailing. It was the error of the realists whom
Zola led, to suppose that people like truth in fiction better
than falsehood; they do not; they like falsehood best; and if
Zola had not been at heart a romanticist, he never would have
cherished his long delusion, he never could have deceived with
his vain hopes those whom he persuaded to be realistic, as he
himself did not succeed in being.
He wished to be a sort of historiographer writing the annals of a family, and painting a period; but he was a poet, doing far more than this, and contributing to creative literature as great works of fiction as have been written in the epic form. He was a paradox on every side but one, and that was the human side, which he would himself have held far worthier than the literary side. On the human side, the civic side, he was what he wished to be, and not what any perversity of his elements made him. He heard one of those calls to supreme duty, which from time to time select one man and not another for the response which they require; and he rose to that duty with a grandeur which had all the simplicity possible to a man of French civilization. We may think that there was something a little too dramatic in the manner of his heroism, his martyry, and we may smile at certain turns of rhetoric in the immortal letter accusing the French nation of intolerable wrong, just as, in our smug Anglo-Saxon conceit, we laughed at the procedure of the emotional courts which he compelled to take cognizance of the immense misdeed other courts had as emotionally committed. But the event, however indirectly and involuntarily, was justice which no other people in Europe would have done, and perhaps not any people of this more enlightened continent.
The success of Zola as a literary man has its imperfections, its
phases of defeat, but his success as a humanist is without flaw.
He triumphed as wholly and as finally as it has ever been given a
man to triumph, and he made France triumph with him. By his
hand, she added to the laurels she had won in the war of American
Independence, in the wars of the Revolution for liberty and
equality, in the campaigns for Italian Unity, the imperishable
leaf of a national acknowledgement of national error.
This file should be named ezola10h.htm or ezola10h.zip
Corrected EDITIONS of our eBooks get a new NUMBER, ezola11h.htm
VERSIONS based on separate sources get new LETTER, ezola10a.htm
Project Gutenberg eBooks are often created from several printed editions, all of which are confirmed as Public Domain in the US unless a copyright notice is included. Thus, we usually do not keep eBooks in compliance with any particular paper edition.
We are now trying to release all our eBooks one year in advance of the official release dates, leaving time for better editing. Please be encouraged to tell us about any error or corrections, even years after the official publication date.
Please note neither this listing nor its contents are final til midnight of the last day of the month of any such announcement. The official release date of all Project Gutenberg eBooks is at Midnight, Central Time, of the last day of the stated month. A preliminary version may often be posted for suggestion, comment and editing by those who wish to do so.
Most people start at our Web sites at:
http://gutenberg.net or
http://promo.net/pg
These Web sites include award-winning information about Project Gutenberg, including how to donate, how to help produce our new eBooks, and how to subscribe to our email newsletter (free!).
Those of you who want to download any eBook before announcement
can get to them as follows, and just download by date. This is
also a good way to get them instantly upon announcement, as the
indexes our cataloguers produce obviously take a while after an
announcement goes out in the Project Gutenberg Newsletter.
http://www.ibiblio.org/gutenberg/etext04 or
ftp://ftp.ibiblio.org/pub/docs/books/gutenberg/etext04
Or /etext03, 02, 01, 00, 99, 98, 97, 96, 95, 94, 93, 92, 91 or 90
Just search by the first five letters of the filename you want, as it appears in our Newsletters.
Information about Project Gutenberg (one page)
We produce about two million dollars for each hour we work. The time it takes us, a rather conservative estimate, is fifty hours to get any eBook selected, entered, proofread, edited, copyright searched and analyzed, the copyright letters written, etc. Our projected audience is one hundred million readers. If the value per text is nominally estimated at one dollar then we produce $2 million dollars per hour in 2002 as we release over 100 new text files per month: 1240 more eBooks in 2001 for a total of 4000+ We are already on our way to trying for 2000 more eBooks in 2002 If they reach just 1–2% of the world’s population then the total will reach over half a trillion eBooks given away by year’s end.
The Goal of Project Gutenberg is to Give Away 1 Trillion eBooks! This is ten thousand titles each to one hundred million readers, which is only about 4% of the present number of computer users.
Here is the briefest record of our progress (* means estimated):
eBooks | Year | Month |
---|---|---|
1 | 1971 | July |
10 | 1991 | January |
100 | 1994 | January |
1000 | 1997 | August |
1500 | 1998 | October |
2000 | 1999 | December |
2500 | 2000 | December |
3000 | 2001 | November |
4000 | 2001 | October/November |
6000 | 2002 | December* |
9000 | 2003 | November* |
10000 | 2004 | January* |
The Project Gutenberg Literary Archive Foundation has been created
to secure a future for Project Gutenberg into the next millennium.
We need your donations more than ever!
As of February, 2002, contributions are being solicited from people and organizations in: Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
We have filed in all 50 states now, but these are the only ones that have responded.
As the requirements for other states are met, additions to this list will be made and fund raising will begin in the additional states. Please feel free to ask to check the status of your state.
In answer to various questions we have received on this:
We are constantly working on finishing the paperwork to legally request donations in all 50 states. If your state is not listed and you would like to know if we have added it since the list you have, just ask.
While we cannot solicit donations from people in states where we are not yet registered, we know of no prohibition against accepting donations from donors in these states who approach us with an offer to donate.
International donations are accepted, but we don’t know ANYTHING about how to make them tax-deductible, or even if they CAN be made deductible, and don’t have the staff to handle it even if there are ways.
Donations by check or money order may be sent to:
Project Gutenberg Literary Archive Foundation
PMB 113
1739 University Ave.
Oxford, MS 38655–4109
Contact us if you want to arrange for a wire transfer or payment method other than by check or money order.
The Project Gutenberg Literary Archive Foundation has been approved by the US Internal Revenue Service as a 501(c)(3) organization with EIN [Employee Identification Number] 64–622154. Donations are tax-deductible to the maximum extent permitted by law. As fund-raising requirements for other states are met, additions to this list will be made and fund-raising will begin in the additional states.
We need your donations more than ever!
You can get up to date donation information online at:
http://www.gutenberg.net/donation.html
***
If you can’t reach Project Gutenberg,
you can always email directly to:
Michael S. Hart hart@pobox.com
Prof. Hart will answer or forward your message.
We would prefer to send you information by email.
(Three Pages)
***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN EBOOKS**START***
Why is this “Small Print!” statement here? You know: lawyers.
They tell us you might sue us if there is something wrong with
your copy of this eBook, even if you got it for free from
someone other than us, and even if what’s wrong is not our
fault. So, among other things, this “Small Print!” statement
disclaims most of our liability to you. It also tells you how
you may distribute copies of this eBook if you want to.
*BEFORE!* YOU USE OR READ THIS EBOOK
By using or reading any part of this PROJECT GUTENBERG–tm
eBook, you indicate that you understand, agree to and accept
this “Small Print!” statement. If you do not, you can receive
a refund of the money (if any) you paid for this eBook by
sending a request within 30 days of receiving it to the person
you got it from. If you received this eBook on a physical
medium (such as a disk), you must return it with your request.
ABOUT PROJECT GUTENBERG–TM EBOOKS
This PROJECT GUTENBERG–tm eBook, like most PROJECT GUTENBERG–tm eBooks,
is a “public domain” work distributed by Professor Michael S. Hart
through the Project Gutenberg Association (the “Project”).
Among other things, this means that no one owns a United States copyright
on or for this work, so the Project (and you!) can copy and
distribute it in the United States without permission and
without paying copyright royalties. Special rules, set forth
below, apply if you wish to copy and distribute this eBook
under the “PROJECT GUTENBERG” trademark.
Please do not use the “PROJECT GUTENBERG” trademark to market any commercial products without permission.
To create these eBooks, the Project expends considerable efforts to identify, transcribe and proofread public domain works. Despite these efforts, the Project’s eBooks and any medium they may be on may contain “Defects”. Among other things, Defects may take the form of incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other eBook medium, a computer virus, or computer codes that damage or cannot be read by your equipment.
LIMITED WARRANTY; DISCLAIMER OF DAMAGES
But for the “Right of Replacement or Refund” described below,
[1] Michael Hart and the Foundation (and any other party you may
receive this eBook from as a PROJECT GUTENBERG–tm eBook) disclaims
all liability to you for damages, costs and expenses, including
legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR
UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT,
INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES.
If you discover a Defect in this eBook within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending an explanatory note within that time to the person you received it from. If you received it on a physical medium, you must return it with your note, and such person may choose to alternatively give you a replacement copy. If you received it electronically, such person may choose to alternatively give you a second opportunity to receive it electronically.
THIS EBOOK IS OTHERWISE PROVIDED TO YOU “AS-IS”. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS TO THE EBOOK OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow disclaimers of implied warranties or the exclusion or limitation of consequential damages, so the above disclaimers and exclusions may not apply to you, and you may have other legal rights.
INDEMNITY
You will indemnify and hold Michael Hart, the Foundation,
and its trustees and agents, and any volunteers associated
with the production and distribution of Project Gutenberg-tm
texts harmless, from all liability, cost and expense, including
legal fees, that arise directly or indirectly from any of the
following that you do or cause: [1] distribution of this eBook,
[2] alteration, modification, or addition to the eBook,
or [3] any Defect.
DISTRIBUTION UNDER “PROJECT GUTENBERG–tm”
You may distribute copies of this eBook electronically, or by
disk, book or any other medium if you either delete this
“Small Print!” and all other references to Project Gutenberg,
or:
[1] | Only give exact copies of it. Among other things, this
requires that you do not remove, alter or modify the
eBook or this “small print!” statement. You may however,
if you wish, distribute this eBook in machine readable
binary, compressed, mark-up, or proprietary form,
including any form resulting from conversion by word
processing or hypertext software, but only so long as
*EITHER*: | |
[*] | The eBook, when displayed, is clearly readable, and
does *not* contain characters other than those
intended by the author of the work, although tilde
(~), asterisk (*) and underline (_) characters may
be used to convey punctuation intended by the
author, and additional characters may be used to
indicate hypertext links; OR | |
[*] | The eBook may be readily converted by the reader at
no expense into plain ASCII, EBCDIC or equivalent
form by the program that displays the eBook (as is
the case, for instance, with most word processors);
OR | |
[*] | You provide, or agree to also provide on request at
no additional cost, fee or expense, a copy of the
eBook in its original plain ASCII form (or in EBCDIC
or other equivalent proprietary form). | |
[2] | Honor the eBook refund and replacement provisions of this
“Small Print!” statement. | |
[3] | Pay a trademark license fee to the Foundation of 20% of the
gross profits you derive calculated using the method you
already use to calculate your applicable taxes. If you
don’t derive profits, no royalty is due. Royalties are
payable to “Project Gutenberg Literary Archive Foundation”
the 60 days following each date you prepare (or were
legally required to prepare) your annual (or equivalent
periodic) tax return. Please contact us beforehand to
let us know your plans and to work out the details. |
WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON’T HAVE TO?
Project Gutenberg is dedicated to increasing the number of
public domain and licensed works that can be freely distributed
in machine readable form.
The Project gratefully accepts contributions of money, time,
public domain materials, or royalty free copyright licenses.
Money should be paid to the:
“Project Gutenberg Literary Archive Foundation.”
If you are interested in contributing scanning equipment or
software or other items, please contact Michael Hart at:
hart@pobox.com
[Portions of this eBook’s header and trailer may be reprinted only when distributed free of all fees. Copyright (C) 2001, 2002 by Michael S. Hart. Project Gutenberg is a TradeMark and may not be used in any sales of Project Gutenberg eBooks or other materials be they hardware or software or any other related product without express permission.]
*END THE SMALL PRINT! FOR PUBLIC DOMAIN EBOOKS*Ver.02/11/02*END*