Tiger,

My vote here is that you keep the remote. Someone here, and I think they already have, will offer you the software. Just because you can return it doesn't mean you should.

Instead, leave detailed feedback on the seller's profile. If it were me, I would rate it as a Neutral and explain that he did not provide software.

Please note there is a ton of Crestron gear on ebay and none of it comes with software and there are no issues with those transactions.