Wimax and LTE are different hardware technologies irrespective of any software update the hardware cannot update itself.
P.S.: I'm assuming you know the difference between hardware and software already.
What about the $99 deductable? or Do you pay more than $8 a month on insurance?. I have the same problem but decided to hold out till May when the new EVO comes out, cos the store associate here in CA insisted I have to pay my $99 deductable.