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5. and 7. make it not open source

I don't see how it contradicts the open source definition at https://opensource.org/osd, could you point it out for me?

For the most blatant violation, look at point 6 of the OSD and attachment A of the license.

Seems like it is open source, just not free software.

It's not free software or open source. Check the Open Source Definition: https://opensource.org/osd