Requesting permission to use parts of you code for a theme

I'm currenty planning to build a MarketPress theme in the next month, and I wanted to use parts of code found in the wpmudev-updates plugin.
To be more specific, parts of the wpmudev-updates/includes/js/dashboard.js file. When the theme is complete it will -of course- be made public to the community and will be opensource.
I can understand if people don't want their code floating around so I'm asking for permission. If denied it's ok, I can always do it myself. Using this will just save me some time. :slight_smile: