Quick interpretation, after reading these:
The license itself says:
This source may be .. not sold for profit .. . You compare this to clause 1 which says:
The licence shall not restrict any party from selling or giving away the software ... . Now, I've no idea if the OSD defines 'Software' and 'Source' anywhere extra, but my understanding of that would be that this licence is not in violation (at least here), its not disallowing sale of the software created using its source code, it is merely disallowed the sale of the source itself.
Made sense to me, anyway.
C.