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As long as you used the correct weight and type of fluid, they can't really deny warranty coverage. Or rather, they could, but then you'd take them to arbitration and they'd be forced to honor the warranty anyway. They know this, so they're unlikely to try it unless they suspect and think they can prove abuse.
When you say it's "grinding," is it a prolonged grind, or is it a crunch going into gear? If it's a crunch, they're going to tell you that's "normal" for transmissions in Subarus.
BTW, when I asked my dealership about 3 and 5 crunching in mine, the tech actually suggested I try Motul instead of the stock stuff. So like I said, they don't really care what brand you put in it as long as it's the correct weight and type of lubricant.
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