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reference: RFC 5246 - TLS 1.2 - Appendix E.1:
Note: some server implementations are known to implement version
negotiation incorrectly. For example, there are buggy TLS 1.0
servers that simply close the connection when the client offers a
version newer than TLS 1.0. Also, it is known that some servers will
refuse the connection if any TLS extensions are included in
ClientHello. Interoperability with such buggy servers is a complex
topic beyond the scope of this document, and may require multiple
connection attempts by the client.
Earlier versions of the TLS specification were not fully clear on
what the record layer version number (TLSPlaintext.version) should
contain when sending ClientHello (i.e., before it is known which
version of the protocol will be employed). Thus, TLS servers
compliant with this specification MUST accept any value {03,XX} as
the record layer version number for ClientHello.
TLS clients that wish to negotiate with older servers MAY send any
value {03,XX} as the record layer version number. Typical values
would be {03,00}, the lowest version number supported by the client,
and the value of ClientHello.client_version. No single value will
guarantee interoperability with all old servers, but this is a
complex topic beyond the scope of this document.