Ok I put the firmware on a different USB stick and did a hardware format and it upgraded. I found that the Geniatech STB we're using does not support HDCP. I googled and found that if you use a HDMI splitter then things work as the HDCP gets stripped out. It seems not all HDMI splitters do this. I ordered off Amazon a U9LTD model VHD-1X2MN3D. There was a newer version but delivery time was longer as I needed to test so I had this one two days later. Put the splitter in between the HDMI source and the HD Cap-XII. Then the driver will start to work and you'll see stuff in preview.
please note the driver/OBS is still reporting SD (720x480 as well as a smaller res) BUT it is capturing in HD as long as you supply it. The driver also still doesn't have any formats to display except I think it's any and one component one. But again it's working.
The folks in China are going to attempt to debug why the driver is not reporting the correct resolutions etc.
Stay tuned.