Well go sue them in internet court.

I'm tired of people trying to approach every legal/contractual issue as a binary, and treating flexible terminology like the magic words of a spell. They're up front about needing a license to exploit it commercially, but meantime you can use it without restrictions for personal/ experimental/ scientific/ educational/ development purposes, which is a lot. It's not 100% open by your pious definition, but it's clearly much more open than frontier labs who never release weights to the public at all.

If you're running a business, buy a license and be happy. All businesses have expenses, if you're not willing to ever pay for anything you're a freeloader and your business model is probably shit. Complain about whether the license is good value or not if you like. If you're not running a business on top of it, use the model and be happy.