Aurora looks for jQuery 1.4.4 in theme folder instead of misc folder

Drupal's default jQuery doesn't get called when the CDN and jQuery options in the theme settings are left at their default values.

Here's the portion of template.php causing the issue:

else {
    // If a CDN is not selected, but an updated version still wants to be used.
    $js['misc/jquery.js']['data'] = "$path_to_theme/js/jquery-$version.min.js";
  }

It doesn't check if the default jQuery is in play and automatically looks for the file in Aurora's folder.