>If I recall, it's CC-BY-ND. I'm not a lawyer, but the license itself
>is not at all clear as to what constitutes a "derivative", especially
>in the context of software. Creative Commons themselves have this to
>say:

>"No Derivative Works — You may not alter, transform, or build upon this work."

>Given that, is an application using the theme "building upon" it? (I'd
>say: yes, it's certainly creating something more distinct using those
>assets as an integral part of its user experience) Is repackaging it
>for an alternative distribution "altering or transforming" it? (I'd
>say: yes: it's a modification of the original distribution, even if it
>is "just" repackaging them to suit your distribution/etc)

You are right. The correct way to say this will be that CSS files are libre 
(LGPL),
 the graphics are "open" and the icons close/proprietary.

Indeed, the terms to make a derivate work of them it is not clear at all.
When we released the graphics the idea was to provide a clear statement for
third party developers and their use: you can use them to make your 
applications.

Concerning derivate themes: it is not clear, however I may say the release of 
that
graphics helps *a lot* to those that want to do  a theme, why?, you have all 
the ID's that
the product theme is using. In other words, with those files it is trivial to 
create
a script that changes colors following some patterns (example: replace gray by 
blue), 
and create new themes.
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