[breezeTrowel]

You had that right under the old license before it was changed and the repo tracking the ToS was deleted. This is a retroactive change. If people are downloading your installer that was published a year ago, people running that installer after January 1st will now cost you money.

[angry_octet]

The license text being deleted doesn't change the contract, it is still extant, and hence nothing retroactive about it.

You should absolutely disable installations in the future. Pull all binaries from the web and replace them with ones that require an activation key.

If you have made a best effort to comply with the new terms, they cannot come at you for people running an old installer.