Ok so I just got off the phone with Orange County BMW in New York and the Service Manager ran my VIN, just told me that my X5 had no sort of upgrade software nonsense to the tranny or any other type of recall or anything else.
BUT...........(service manager aka the liar)
When I also "fibbed"

to him telling him one of the VP's of BMW North America IT guy (who is my good friend) sent me the email he then changed his mind and told me there could be a possible upgrade but hes not sure but for me to bring the car in and it will cost about $115 for an ugrade.
Does this sound right for those of you that have re-programmed the tranny?
BTW my warranty is over, I have 86K miles and the X is in tip top shape!