VSCode and Visual Studio Code are the same thing, so what do you mean? Are you saying the repo is not providing the actual VSCode?
The actual binary releases of Visual Studio Code
https://code.visualstudio.com/license
And here's the license for VSCode itself
"This license applies to the Visual Studio Code product. Source Code for Visual Studio Code is available at https://github.com/Microsoft/vscode under the MIT license agreement..."
Source code and final product have different licenses but VSCode and Visual Studio Code refer to the same thing. If you're using the official release channel then you should have the final product that is licensed to use the debugger.