The Project Gutenberg EBook of The Eyes Have It, by James McKimmey This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: The Eyes Have It Author: James McKimmey Illustrator: Paul Orban Release Date: November 9, 2009 [EBook #30438] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK THE EYES HAVE IT *** Produced by Greg Weeks, Stephen Blundell and the Online Distributed Proofreading Team at http://www.pgdp.net Daylight sometimes hides secrets that darkness will reveal —the Martian's glowing eyes, for instance. But darkness has other dangers.... THE EYES HAVE IT By James McKimmey, Jr. Illustrated by Paul Orban J H OSEPH HEIDEL looked slowly around the dinner table at the five men, hiding his examination by a thin screen of smoke from his cigar. He was a large man with thick blond-gray hair cut close to his head. In three more months he would be fifty-two, but his face and body had the vital look of a man fifteen years younger. He was the President of the Superior Council, and he had been in that post—the highest post on the occupied planet of Mars—four of the six years he had lived here. As his eyes flicked from one face to another his fingers unconsciously tapped the table, making a sound like a miniature drum roll. One. Two. Three. Four. Five. Five top officials, selected, tested, screened on Earth to form the nucleus of governmental rule on Mars. Heidel's bright narrow eyes flicked, his fingers drummed. Which one? Who was the imposter, the ringer? Who was the Martian? Sadler's dry voice cut through the silence: "This is not just an ordinary meeting then, Mr. President?" Heidel's cigar came up and was clamped between his teeth. He stared into Sadler's eyes. "No, Sadler, it isn't. This is a very special meeting." He grinned around the cigar. "This is where we take the clothes off the sheep and find the wolf." Heidel watched the five faces. Sadler, Meehan, Locke, Forbes, Clarke. One of them. Which one? "I'm a little thick tonight," said Harry Locke. "I didn't follow what you meant." "No, no, of course not," Heidel said, still grinning. "I'll explain it." He could feel himself alive at that moment, every nerve singing, every muscle toned. His brain was quick and his tongue rolled the words out smoothly. This was the kind of situation Heidel handled best. A tense, dramatic situation, full of atmosphere and suspense. "Here it is," Heidel continued, "simply and briefly." He touched the cigar against an ash tray, watching with slitted shining eyes while the ashes spilled away from the glowing tip. He bent forward suddenly. "We have an imposter among us, gentlemen. A spy." He waited, holding himself tense against the table, letting the sting of his words have their effect. Then he leaned back, carefully. "And tonight I am going to expose this imposter. Right here, at this table." He searched the faces again, looking for a tell-tale twitch of a muscle, a movement of a hand, a shading in the look of an eye. There were only Sadler, Meehan, Locke, Forbes, Clarke, looking like themselves, quizzical, polite, respecting. "One of us, you say," Clarke said noncommittally, his phrase neither a question nor a positive statement. "That is true," said Heidel. "Bit of a situation at that," said Forbes, letting a faint smile touch his lips. "Understatement, Forbes," Heidel said. "Understatement." "Didn't mean to sound capricious," Forbes said, his smile gone. "Of course not," Heidel said. Edward Clarke cleared his throat. "May I ask, sir, how this was discovered and how it was narrowed down to the Superior Council?" "Surely," Heidel said crisply. "No need to go into the troubles we've been having. You know all about that. But how these troubles originated is the important thing. Do you remember the missionary affair?" "When we were going to convert the Eastern industrial section?" "That's right," Heidel said, remembering. "Horrible massacre." "Bloody," agreed John Meehan. "Sixty-seven missionaries lost," Heidel said. "I remember the Martian note of apology," Forbes said. "'We have worshipped our own God for two-hundred thousand years. We would prefer to continue. Thank you.' Blinking nerve, eh?" "Neither here nor there," Heidel said abruptly. "The point is that no one knew those sixty-seven men were missionaries except myself and you five men." EIDEL WATCHED the faces in front of him. "One case," he said. "Here's another. Do you recall when we outlawed the free selection system?" "Another bloody one," said Sadler. "Forty-eight victims in that case," Heidel said. "Forty-eight honorable colonists, sanctioned by us to legally marry any couple on the planet, and sent out over the country to abolish the horrible free-love situation." "Forty-eight justices of the peace dead as pickerels," Forbes said. "Do you happen to remember that note of apology?" Heidel asked, a slight edge in his voice. He examined Forbes' eyes. "Matter of fact, yes," said Forbes, returning Heidel's stare steadily. "'You love your way, we'll love ours.' Terribly caustic, what?" "Terribly," said Heidel. "Although that too is neither here nor there. The point again, no one except the six of us right here knew what those forty-eight men were sent out to do." Heidel straightened in his chair. The slow grating voice of Forbes had taken some of the sharpness out of the situation. He wanted to hold their attention minutely, so that when he was ready, the dramatics of his action would be tense and telling. "There is no use," he said, "in going into the details of the other incidents. You remember them. When we tried to install a free press, the Sensible Art galleries, I-Am-A-Martian Day, wrestling, and all the rest." "I remember the wrestling business awfully well," said Forbes. "Martians drove a wrestler through the street in a yellow jetmobile. Had flowers around his neck and a crown on his head. He was dead, of course. Stuffed, I think...." "All right," snapped Heidel. "Each one of our efforts to offer these people a chance to benefit from our culture was snapped off at the bud. And only a leak in the Superior Council could have caused it. It is a simple matter of deduction. There is one of us, here tonight, who is responsible. And I am going to expose him." Heidel's voice was a low vibrant sound that echoed in the large dining room. The five men waited. Forbes, his long arms crossed. Sadler, his eyes on his fingernails. Meehan, blinking placidly. Clarke, twirling his thumbs. Locke, examining his cigarette. "Kessit!" Heidel called. A gray-haired man in a black butler's coat appeared. "We'll have our wine now," Heidel said. There was a slight quirk in his mouth, so that his teeth showed between his lips. The butler moved methodically from place to place, pouring wine from a silver decanter. "Now then, Kessit," Heidel said, when the butler had finished, "would you be kind enough to fetch me that little pistol from the mantel over there?" He smiled outwardly this time. The situation was right again; he was handling things, inch by inch, without interruption. He took the gun from the old man's hands. "One thing more, Kessit. Would you please light the candles on the table and turn out the rest of the lights in the room. I've always been a romanticist," Heidel said, smiling around the table. "Candlelight with my wine." "Oh, excellent," said Locke soberly. "Quite," said Forbes. Heidel nodded and waited while the butler lit the candles and snapped off the overhead lights. The yellow flames wavered on the table as the door closed gently behind the butler. "Now, then," Heidel said, feeling the tingling in his nerves. "This, gentlemen, is a replica of an antique of the twentieth century. A working replica, I might add. It was called a P-38, if my memory serves me." He held the pistol up so that the candlelight reflected against the glistening black handle and the blue barrel. There was a polite murmur as the five men stretched forward to look at the gun in Heidel's hands. "Crude," Sadler said. "But devilish-looking," Forbes added. "My hobby," Heidel said. "I would like to add that not only do I collect these small arms, but I am very adept at using them. Something I will demonstrate to you very shortly," he added, grinning. "Say now," nodded Meehan. "That should be jolly," Forbes said, laughing courteously. "I believe it will at that," Heidel said. "Now if you will notice, gentlemen," he said touching the clip ejector of the pistol and watching the black magazine slip out into his other hand. "I have but five cartridges in the clip. Just five. You see?" They all bent forward, blinking. T "Good," said Heidel, shoving the clip back into the grip of the gun. He couldn't keep his lips from curling in his excitement, but his hands were as steady as though his nerves had turned to ice. The five men leaned back in their chairs. "Now then, Meehan," he said to the man at the opposite end of the table. "Would you mind moving over to your left, so that the end of the table is clear?" "Oh?" said Meehan. "Yes, of course." He grinned at the others, and there was a ripple of amusement as Meehan slid his chair to the left. "Yes," said Heidel. "All pretty foolish-looking, perhaps. But it won't be in a few minutes when I discover the bastard of a Martian who's in this group, I'll tell you that!" His voice rose and rang in the room, and he brought the glistening pistol down with a crack against the table. HERE WAS dead silence and Heidel found his smile again. "All right, now I'll explain a bit further. Before Dr. Kingly, the head of our laboratory, died a few days ago, he made a very peculiar discovery. As you know, there has been no evidence to indicate that the Martian is any different, physically, from the Earthman. Not until Dr. Kingly made his discovery, that is." Heidel looked from face to face. "This is how it happened," he went on. "Dr. Kingly ..." He paused and glanced about in false surprise. "I beg your pardon, gentlemen. We might as well be enjoying our wine. Excellent port. Very old, I believe. Shall we?" he asked, raising his glass. Five other glasses shimmered in the candlelight. "Let us, ah, toast success to the unveiling of the rotten Martian who sits among us, shall we?" Heidel's smile glinted and he drank a quarter of his glass. The five glasses tipped and were returned to the table. Again there was silence as the men waited. "To get back," Heidel said, listening with excitement to his own voice. "Dr. Kingly, in the process of an autopsy on a derelict Martian, made a rather startling discovery ..." "I beg your pardon," Forbes said. "Did you say autopsy?" "Yes," said Heidel. "We've done this frequently. Not according to base orders, you understand." He winked. "But a little infraction now and then is necessary." "I see," said Forbes. "I just didn't know about that." "No, you didn't, did you?" said Heidel, looking at Forbes closely. "At any rate, Dr. Kingly had developed in his work a preserving solution which he used in such instances, thereby prolonging the time for examination of the cadaver, without experiencing deterioration of the tissues. This solution was merely injected into the blood stream, and ..." "Sorry again, sir," Forbes said. "But you said blood stream?" "Yes," Heidel nodded. "This had to be done before the cadaver was a cadaver, you see?" "I think so, yes," said Forbes, leaning back again. "Murdered the bastard for an autopsy, what?" Heidel's fingers closed around the pistol. "I don't like that, Forbes." "Terribly sorry, sir." "To get on," Heidel said finally, his voice a cutting sound. "Dr. Kingly had injected his solution and then ... Well, at any rate, when he returned to his laboratory, it was night. His laboratory was black as pitch—I'm trying to paint the picture for you, gentlemen—and the cadaver was stretched out on a table, you see. And before Dr. Kingly switched on the lights, he saw the eyes of this dead Martian glowing in the dark like a pair of hot coals." "Weird," said Sadler, unblinking. "Ghostly," said Clarke. "The important thing," Heidel said curtly, "is that Dr. Kingly discovered the difference, then, between the Martian and the Earthman. The difference is the eyes. The solution, you see, had reacted chemically to the membranes of the eyeballs, so that as it happened they lit up like electric lights. I won't go into what Dr. Kingly found further, when he dissected the eyeballs. Let it suffice to say, the Martian eyeball is a physical element entirely different from our own—at least from those of five of us, I should say." His grin gleamed. He was working this precisely and carefully, and it was effective. "Now, however," he continued, "it is T this sixth man who is at issue right now. The fly in the soup, shall we say. And in just a few seconds I am going to exterminate that fly." He picked up the pistol from the table. "As I told you, gentlemen, I am quite versatile with this weapon. I am a dead shot, in other words. And I am going to demonstrate it to you." He glanced from face to face. "You will notice that since Mr. Meehan has moved, I have a clear field across the table. I don't believe a little lead in the woodwork will mar the room too much, would you say, Forbes?" Forbes sat very still. "No, I shouldn't think so, sir." "Good. Because I am going to snuff out each of the four candles in the center of this table by shooting the wick away. You follow me, gentlemen? Locke? Meehan? Sadler?" Heads nodded. "Then perhaps you are already ahead of me. When the last candle is extinguished, we will have darkness, you see. And then I think we'll find our Martian rat. Because, as a matter of fact," Heidel lolled his words, "I have taken the privilege of adding to the wine we have been drinking Dr. Kingly's preserving solution. Non-tasteful, non-harmful. Except, that is, to one man in this room." Heidel motioned his gun. "And God rest the bastard's soul, because if you will remember, I have five bullets in the chamber of this pistol. Four for the candles and one for the brain of the sonofabitch whose eyes light up when the last candle goes out." HERE WAS a steady deadly silence while the flames of the candles licked at the still air. "I think, however," Heidel said, savoring the moment, "that we should have one final toast before we proceed." He lifted his glass. "May the receiver of the fifth bullet go straight to hell. I phrase that literally, gentlemen," he said, laughing. "Drink up!" The glasses were drained and placed again on the table. "Watch carefully," Heidel said and lifted the pistol. He aimed at the first candle. The trigger was taut against his finger, the explosion loud in the room. "One," said Heidel. He aimed again. The explosion. "Two," he said. "Rather good, eh?" "Oh, yes," Sadler said. "Quite," said Forbes. "Again," said Heidel. A third shot echoed. "Now," he said, pointing the muzzle at the last candle. "I would say this is it, wouldn't you, gentlemen? And as soon as this one goes, I'm afraid one of us is going to find a bullet right between his goddam sparkling eyes. Are you ready?" He squinted one eye and looked down the sights. He squeezed the trigger, the room echoed and there was blackness. Heidel held his pistol poised over the table. Silence. "Well," said Forbes finally. "There you have it. Surprise, what?" Heidel balanced the pistol, feeling his palm go suddenly moist against the black grip, and he looked around at the five pairs of glowing eyes. "Bit of a shock, I should imagine," Forbes said. "Discovering all of us, as it were." Heidel licked his lips. "How? How could you do this?" Forbes remained motionless. "Simple as one, you know. Put men on rockets going back to Earth in place of returning colonists. Study. Observe. Learn. Shift a record here and there. Forge, change pictures, all that sort of thing. Poor contact between here and Earth, you know. Not too difficult." "I'll get one of you," Heidel said, still balancing his pistol tightly. "Well, possibly," Forbes said. "But no more than one. You have three guns pointed at you. We can see you perfectly, you know, as though it were broad daylight. One shiver of that pistol, and you're dead." "Why have you done this?" Heidel said suddenly. "Why? Everything that was done was for the Martian. We tried to give you freedom and culture, the benefit of our knowledge...." "We didn't like your wrestlers," Forbes said. Heidel's nostrils twitched, and suddenly he swung the pistol. There was a crashing explosion and then silence. "Good," said Forbes. "I don't think he got the last one fired." "You're all right then?" asked Meehan, putting his gun on the table. "Oh, quite! Rather dramatic altogether, eh?" "Nerve tingling," Locke agreed. Forbes turned in his chair and called, "Oh, Kessit!" The butler opened the door to the darkened room, hesitated, and reached for the light switch. "No, no," Forbes said, smiling. "Never mind that. Come over here, will you please?" The butler crossed the room slowly. "It's all right," Forbes said. "The president will notice nothing whatever, Kessit. Would you mind pouring us all another glass of wine? I'm frightfully crazy about that port, eh?" There was a murmur of agreeing voices. The butler lifted the silver decanter and filled glasses, moving easily and surely in the darkness. "Cheers," said Forbes. "Cheers," said the others, over the clink of glasses. THE END Transcriber's Note: This etext was produced from If Worlds of Science Fiction November 1953. Extensive research did not uncover any evidence that the U.S. copyright on this publication was renewed. Minor spelling and typographical errors have been corrected without note. End of the Project Gutenberg EBook of The Eyes Have It, by James McKimmey *** END OF THIS PROJECT GUTENBERG EBOOK THE EYES HAVE IT *** ***** This file should be named 30438-h.htm or 30438-h.zip ***** This and all associated files of various formats will be found in: http://www.gutenberg.org/3/0/4/3/30438/ Produced by Greg Weeks, Stephen Blundell and the Online Distributed Proofreading Team at http://www.pgdp.net Updated editions will replace the previous one--the old editions will be renamed. Creating the works from public domain print editions means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for the eBooks, unless you receive specific permission. If you do not charge anything for copies of this eBook, complying with the rules is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. They may be modified and printed and given away--you may do practically ANYTHING with public domain eBooks. Redistribution is subject to the trademark license, especially commercial redistribution. *** START: FULL LICENSE *** THE FULL PROJECT GUTENBERG LICENSE PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK To protect the Project Gutenberg-tm mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase "Project Gutenberg"), you agree to comply with all the terms of the Full Project Gutenberg-tm License (available with this file or online at http://gutenberg.org/license). Section 1. General Terms of Use and Redistributing Project Gutenberg-tm electronic works 1.A. By reading or using any part of this Project Gutenberg-tm electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg-tm electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg-tm electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8. 1.B. "Project Gutenberg" is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg-tm electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg-tm electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg-tm electronic works. See paragraph 1.E below. 1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" or PGLAF), owns a compilation copyright in the collection of Project Gutenberg-tm electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is in the public domain in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg-tm mission of promoting free access to electronic works by freely sharing Project Gutenberg-tm works in compliance with the terms of this agreement for keeping the Project Gutenberg-tm name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg-tm License when you share it without charge with others. 1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg-tm work. The Foundation makes no representations concerning the copyright status of any work in any country outside the United States. 1.E. Unless you have removed all references to Project Gutenberg: 1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg-tm License must appear prominently whenever any copy of a Project Gutenberg-tm work (any work on which the phrase "Project Gutenberg" appears, or with which the phrase "Project Gutenberg" is associated) is accessed, displayed, performed, viewed, copied or distributed: This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org 1.E.2. If an individual Project Gutenberg-tm electronic work is derived from the public domain (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase "Project Gutenberg" associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or 1.E.9. 1.E.3. If an individual Project Gutenberg-tm electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg-tm License for all works posted with the permission of the copyright holder found at the beginning of this work. 1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg-tm. 1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg-tm License. 1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg-tm work in a format other than "Plain Vanilla ASCII" or other format used in the official version posted on the official Project Gutenberg-tm web site (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original "Plain Vanilla ASCII" or other form. Any alternate format must include the full Project Gutenberg-tm License as specified in paragraph 1.E.1. 1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg-tm works unless you comply with paragraph 1.E.8 or 1.E.9. 1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg-tm electronic works provided that - You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg-tm works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg-tm trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, "Information about donations to the Project Gutenberg Literary Archive Foundation." - You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg-tm License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg-tm works. - You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work. - You comply with all other terms of this agreement for free distribution of Project Gutenberg-tm works. 1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from both the Project Gutenberg Literary Archive Foundation and Michael Hart, the owner of the Project Gutenberg-tm trademark. Contact the Foundation as set forth in Section 3 below. 1.F. 1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread public domain works in creating the Project Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm electronic works, and the medium on which they may be stored, may contain "Defects," such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. 1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right of Replacement or Refund" described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg-tm trademark, and any other party distributing a Project Gutenberg-tm electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH F3. 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 MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. 1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions. 1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg-tm electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg-tm electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg-tm work, (b) alteration, modification, or additions or deletions to any Project Gutenberg-tm work, and (c) any Defect you cause. Section 2. Information about the Mission of Project Gutenberg-tm Project Gutenberg-tm is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life. Volunteers and financial support to provide volunteers with the assistance they need, are critical to reaching Project Gutenberg-tm's goals and ensuring that the Project Gutenberg-tm collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg-tm and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation web page at http://www.pglaf.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. Its 501(c)(3) letter is posted at http://pglaf.org/fundraising. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state's laws. The Foundation's principal office is located at 4557 Melan Dr. S. Fairbanks, AK, 99712., but its volunteers and employees are scattered throughout numerous locations. Its business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email