It has as its base the mach kernel which is far from free (in both senses of the word) here is an excerpt from their license.
"Before you can get a Mach license, you must have a Fourth
Berkeley Software Distribution (4.3BSD) license. That license
in turn requires that you have a Unix source license. Information
about the BSD license can be obtained from <bsd-dist@cs.berkeley.edu>.
These licenses were reaonably priced for educational institutions
but not for individuals or small companies."
More details about mach can be found here.
http://www-2.cs.cmu.edu/afs/cs/proje.../www/mach.html