Having a nonprofit disclaimer is against the spirit of open source. So no, no. And if you do it yourself, you should not call it openource, but instead call it a non-commercial license.
In fact, there is code with the kind of licensing that you are talking about, and the open source community is widely recognized as a non-openource. MINIX (Tanenbaum) is one of them. The code is freely available and available to the public, and everyone can see, but has serious restrictions on the republishing of changes. MINIX is widely regarded as part of closed source code.
Many commercial, proprietary, embedded operating systems with closed source code 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.
Last example. Windows (including XP, Vista, and Seven). Microsoft makes Windows source code available to anyone who needs a non-profit educational purpose if you sign up for an NDA. Their original license sounds the same as you. Check out the license here: http://www.microsoft.com/resources/sharedsource/licensing/basics/wrklicense.mspx . I doubt anyone will argue that Windows is open source.
slebetman
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