Is a theme a System APK?

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Im just wondering and am trying to build my first theme now. thanks

What exactly are you trying to do?

The SystemUI.apk holds a lot of elements for a theme. Themes for notifications and statusbar icons are in the SystemUI.apk. The other main files to theme are framework-res.apk and com.htc.resources.apk.
(You need these 3 if you are going to do a theme in uot kitchen)

haha no i mean like an HTC sense theme.. like the skins

oh the skins can be both a system (the built in skins) and data apps (ones downloaded from the market).
Is that what you meant?

yea so if i install it from an APK then its not concitered a system APK correct? so when i am asked if i want to retain signature or re-sign i should resign it right?

are you doing the theme on one of the stock ones I think its bluesky.apk or burgandy.apk? if so, they are system so then you will want to retain it. If you changed the name and manifest to reflect your own named apk, then yes resign it.