i want to publish my software under a opensource license with the following conditions:
you are allowed to:
you are not allowed to:
is there a software license out there that fits my needs ?
Yes, it is possible to make an open source project into a closed source project. The copyright holder can change the license of a project at any time, or cease to distribute source code of new releases. New releases can therefore be made closed source.
Closed source means computer programs whose source code is not published except to licensees. It is available to be edited only by the organization that developed it and those licensed to use the software.
Legal terms. Open source code can be distributed freely, while closed source users must accept the terms of a license.
Open source software that has at least one non-governmental use, and is licensed to the public, is commercial software.
Having a noncommercial clause is against the spirit of opensource. So no, there isn't. And if you do make one yourself then you should not be calling it opensource but instead call it a non-commercial license.
There are in fact code with the kind of licensing you are talking about and there are widely recognised by the opensource community as being non-opensource. MINIX (by Tanenbaum) is one of them. The code is freely available and public and anyone can see but have severe restrictions on re-publishing modifications. MINIX is widely considered to be a closed-source piece of code.
Lots of commercial, proprietay, closed-source embedded operating systems are actually distributed as code and have only copyright laws protecting them (instead of complex, byzantine DRM). Just the fact that people can see your source code does not make it open source.
One last example. Windows (including XP, Vista and Seven). Microsoft makes the source code Windows available to anyone who needs it for non-commercial, educational purposes provided you sign an NDA. Their source license sounds a lot like what you want. Check out the license here: http://www.microsoft.com/resources/sharedsource/licensing/basics/wrklicense.mspx. I doubt anyone would argue that Windows is opensource.
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