IMac pre installed software

I have a problem. Perhaps someone else is in the same boat and can advise. I purchased a new IMac with pre installed software. (final cut express). My receipt clearly shows the software was purchased and pre installed. Hard Disk problems led to Apple replace my hard disk but not load the pre installed software. They have been very helpful in correcting the HD problem. I purchased Apple Protection Plan on the computer. They have stated that they always ship a CD of the software with the computer and it is up to me to load the software with the CD that they shipped. They also stated that it was up to me to tell them if I didn't receive the CD. I am just about positive that I never received a CD of Final Cut with the computer. I purchased it preloaded and was not even aware that I was suppose to receive a hard copy on a CD. Now I have my computer back and working again but I am without the preloaded Final Cut. Their position is that I will have to repurchase the software. Seems odd to me. I have purchased a lot of software online without ever receiving a hard copy. Has anyone ever had to deal with Apple on a similar situation? If so how did you recover your preloaded software? Thanks