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GPL3 compatible?

I was wondering whether this license statement is DFSG/GPL3 compatible.

/* Copyright (C) 1997-2001 Ken Turkowski. <turk_at_computer.org>
 * All rights reserved.
 * Warranty Information
 *  Even though I have reviewed this software, I make no warranty
 *  or representation, either express or implied, with respect to this
 *  software, its quality, accuracy, merchantability, or fitness for a
 *  particular purpose.  As a result, this software is provided "as is,"
 *  and you, its user, are assuming the entire risk as to its quality
 *  and accuracy.
 * This code may be used and freely distributed as long as it includes
 * this copyright notice and the above warranty information.

The statement does not explicitly state that modifications are allowed,
but just says that the code is "freely distributable".
How should this be considered wrt DFSG?

Moreover the upstream author of RawTherapee re-licensed the file under
GPL3 (keeping the above statement, but adding a GPL3 header). AFAIK he
cannot do that, but the file has to keep only its original license...

Thank you in advance for your help,

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