So in the end game the problem WAS FIXED with the most recent Chrysler update, but I blew almost two months of my software update period waiting for autel to fix a problem the KNEW was present and I was simply told " sorry, things are not perfect" and my request to extend my software update period for two months was refused.
In my analysis this was happening to vehicles that had the user programmable mode removed during a fobik recall( cars after 2010 mid year did not have this feature and would also fail).
I was within days of forcing harbor freight to refund me for this issue, but as I mentioned, the very latest round of updates solved the problem.
Support was responsive however, so I really blame the developers and the qa people for not testing this system properly ( and don't even try to tell me that you didn't plug the das into a later model Chrysler car).
After soothing an angry customers feathers with a noi charge programming job ( yup it worked this time), I'm now ready to start making some money with the maxidas, since I don't really need a key cutter for jeep products.
Just a mention, I did find a product that could reset the firmware on Fobik keys so it could be recoded, but it's over 2k. Guess it would be good for a guy that had a large drawer full of old fobiks.