The only real exception to this would be using their trademarks in your graphics, their name or logos. If you create new graphics for a program, you are as entitled to your copyright of those as the developers are to their graphics that you don't use. But it's not too hard to create new graphics resources from scratch without using anything of theirs. If I load their assets in Photoshop and change them, saving a new version would be derivative. Instead, it looks like they go after skins themselves as derivative work, which really is debatable. That would IMO be lame, but within their rights. They could enforce that their TOS forbids you to modify the program, and even have it to a CRC check and refuse to run if you change anything. IL are on shaky legal ground with this, but they know nobody is willing to go to go to court to defend their skins.
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