Unexpected HTTP response: 403 when downloading tool from github.com

Describe the bug
Calling actions/tool-cache downloadTool to download tool from github.com resulted in a 403.

const downloadPath: string = await tc.downloadTool(
      "https://github.com/step-security/agent/releases/download/v0.8.6/agent_0.8.6_linux_amd64.tar.gz"
    )

resulted in Unexpected HTTP response: 403 . This was a transient error. It usually does not happen.

I was not able to find a previous issue of this type in this repo, so creating a new one.
I understand that the client tool cannot do much if the service returns a 403, but I am trying to understand if you know of best practices to avoid this for github.com. I believe this is because of rate-limiting, and I have seen some actions use the GITHUB_TOKEN to overcome this, example here. Is this the recommended solution?

To Reproduce
Not able to reproduce every time. Here is an example though:
https://github.com/nvm-sh/nvm/runs/4919179993?check_suite_focus=true#step:2:5

Expected behavior
No 403 error when downloading tool from github.com

Desktop (please complete the following information):

• OS: ubuntu-latest GitHub-hosted runner

Start at actions/tool-cache's downloadTool entry point and compare the setup-node installer.ts example linked in the report. Use the linked nvm run to investigate the intermittent 403; done should be a confirmed recommendation or clearly documented limitation for downloads from github.com.