Please note the NIST IP release statement does not cover Kyber now that FIPS PUB 203 has been released, only the ML-KEM algorithm is covered by the IP release statement. For avoidance of confusion, yes IP stands for Intellectual Property, I would guess you will be able to work out the rest for yourself.

I would strongly recommend using ML-KEM, and telling whoever you are trying to be compatible with to do likewise.