it is symantics at this point. from a sellers point of view (that is you) stick to your guns, "They sold you something that does not and can not work."

it is not useable. it is defective. whatever you call it. in my mind it is a scam for them to sell you something that they darn well know the end consumer can not program.

maybe you could mail it to someone to program for you. maybe you could recoupe some cash by selling it on eBay (stating you have no software). or just refuse delievery and contact your credit card company to dispute the charges.

leave him negative feedback it that is what he does to you. make sure in the feedback you state NO SOFTWARE MEANS NO PROGRAMMING or somelthing like that so potential buyers know what is up.

later.