"Open Source" has a very specific meaning[1], that goes beyond the mere availability of the source code. And these terms violate article 6 of the OSD, meaning that code licensed this way is not Open Source.

And yes, yes, I know the old saw that "The OSI doesn't have a trademark on Open Source". That's irrelevant. In practical terms, the de-facto definition of "Open Source" is the OSD.

[1]: https://opensource.org/osd-annotated