True, but the conditions are quite relaxed, so it can even be used commercially without worries by small businesses, while it is unconditionally free for non-commercial uses.

Other big open-weights LLMs have similar licensing terms and I believe that they are quite fair, i.e. at the point when someone uses such an LLM to obtain tens of million $ of revenue it becomes fair to demand a share of that for the creator of the model.

Fair or not fair, it's not "open"...