If you have the code to modify then its open source, thats all that open source is it has nothing to do with the license unless you are talking about an OSI license in which case its just an OSI license and nothing to do with the source code or its openness.
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I don't believe it is "open" - although you have the code to modify, the license will make it very clear that it is anything but "open."
If you have the code to modify then its open source, thats all that open source is it has nothing to do with the license unless you are talking about an OSI license in which case its just an OSI license and nothing to do with the source code or its openness.