CV57, which controls the "intensity" of BEMF, can be set to 0, turning it off. I thought the default for CV57 was 0, based on the first source below, but the second source indicates that the default value is 6. (And people wonder why I hate Digitrax documentation!)
So, anyway, yeah, BEMF does come switched on from the factory, but before it can work
effectively, you have to do a little set-up, which takes about half an hour.
source (and the very instructions I mentioned in the first post, for the curious):
http://www.digitrax.com/appnote_bemf.phphttp://www.digitrax.com/kb/index.php?a=89