It depends on your online subscription, if that is paid up or continued in another manner such as though your service provider, then yes. It all depends on the subscription, as long as that is current, you will have access to the latest version of your software.
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My version that i have is a retail version and its still in the box, has never been activated...so can i get the upgrade to 2012? can i just download a trial of 2012 and put in the key from 2010 and be good for a year?
No you could try installing from the CD. It's been a long time since I did that but I believe it will offer an option to install online and create an account if you don't have one already. It may or may not work in which case if you have a problem I suggest you enlist the help of online Technical Support, linked under Useful Links at the top of this page.