That's terrible. Nothing worse than having to hassle with a retailer, hopefully no pun intended

. On to the answer, yes you can complain to the merchant and cross your fingers and they'll look at the dot on your signature you signed a liability waiver I'm sure... and hopefully you will get a CD in mail with the new version. After saying all of that I would first
check to see if your phone is compatible with the Motorola Phone Software (the latest version was 5.0). If it is then you can buy it directly from Motorola for a ridiculous price of GREED

or you probably buy it from us at around $10.00 (I think

).
Which ever merchant you buy the Motorola Tools from just make sure it is version 5.0. Although, you might be better off buying a used version since there weren't too many good feature upgrades from 4.0. The new version comes with: Synchronize music with Windows Media® Player 11, Phonebook Swap Wizard, and a little better user interface... other than that you might be questioning why bother?
I hope this helps. David, Customer Loyalty Specialist.