Either the complaints have dried up, or SCT is refusing new ones, judging by the dates on this forum:
http://www.sctflash.com/forum/forumdisplay.php?f=112

For my part I got an XCAL3 a few months ago, from b@m@chips,. It came loaded with the latest update, three "canned" tunes, and the three b@m@chips tunes. I was hesitant to turn it loose on my car, but once I did, it worked flawlessly.

Seems to me a legitimate SCT dealer/operator would be able to provide whatever the OP paid for, without a lot of messing around, if he wasn't under some kind of pressure. I was impatient when it took b@m@chips a little extra time to ship my unit, but the wait was worth it.