Is Norton Internet Security 2009 upgrade valid if I do not have Symantec product already?

I have recently bought a sealed boxed edition of Norton IS 2009 Upgrade.

 

I have checked the forum and found out that this is basically the same as the full version that was sold but it is normally sold at a discount to customers who already have Symantec products.

 

We do not have any Symantec products, does this mean that I cannot use the product as the licence would not be valid?

I have not tried to install as if it is not legal then I will return it!

 

Finally, if it is legal can I then update to the 2010?

 

Thank you