Limited Freeware License question

[Dmitry Marakasov]

Hi!

I want to port a game which requires data released under Limited
Freeware License

(http://liberatedgames.org/licenses/Limited_Freeware_License.txt)

---
The owner of this software reserves all rights granted by copyright.
However, the owner grants the following rights to users:

1) The right to make personal copies of the software.
2) The right to distribute the software for free (at no cost) to other
users.

No further rights are granted or should be assumed. This includes, but
is not limited to, the right to create derivative works.
---

The question is: does FreeBSD port fall under `derivative work'?
I.e. may the data files be installed by it (or should I ask users
to download files themselves instead) and may the package of such
a port be created? Port does not modify any datafiles, it just needs
to download zip and install them to ${DATADIR}.

-- 
Dmitry A. Marakasov    | jabber: amdmi3 at jabber.ru
amdmi3 at amdmi3.ru       | http://www.amdmi3.ru