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FIWARE is open source software (OSS). There are different GEs and each one may have a different OSS license (See http://opensource.org/licenses). You should check the license on an individual basis. For instance, Orion Context Broker is licensed as AfferoGPL.

FIWARE is totally independent of Docker, although all GEs are distributed as Docker containers as well, for convenience. You can instantiate GEs without Docker, please check the 'Creating instances' section at the FIWARE Catalogue (http://catalogue.fiware.org).

I hope this clarifies.