Product Key

I have a NIS 2009 Product Key and CD that does not appear to have been used, here are my questions.

 

1) Can a 2009 key be used to activate an installed NIS 2012 instead of installing 2009 and then upgrading to 2010, 2011 and finally 2012.

 

2) If by chance the key has been used will I know immediately or will I find out its a bad/used key some time later (days, weeks ?)